SHITALBEN ANILBHAI VAISHNAV Vs. ANILBHAI DAMJIBHAI VAISHNAV

JUDGEMENT

(1.) As both the Civil Revision Applications arise out of the common order passed by the learned trial Court in dismissing the application/applications submitted by the applicant to condone the delay of approximately eight months and sixteen days in preferring the application to set aside the ex-parte judgement and decree under Order 9 Rule 13 of the Code of Civil Procedure, they are being disposed of by this common order.

(2.) At the outset, it is required to be noted that though served, nobody appears on behalf of the opponent.

(3.) An ex-parte judgement and decree dated 29/02/2008 came to be passed by the learned Family Court, Rajkot in H.M.P. No. 73/2006 and by the aforesaid judgement and decree, the learned Family Court passed a decree against the applicant-wife of dissolution of marriage between the applicant and the opponent and passed an ex-parte decree of divorce. Having come to know about such judgement and decree, the applicant preferred application/applications to set aside the ex-parte judgement and decree under Order 9 Rule 13 of the Code of Civil Procedure as well as to set aside the document of divorce. There was a delay of eight months and sixteen days in preferring the said applications. The applicant preferred Civil Miscellaneous Application Nos. 40 and 41/2008 requesting the learned Family Court to condone the delay in preferring the application to set aside the ex-parte judgement and decree. The aforesaid application/applications came to be dismissed by the learned Family Court and, therefore, the applicant-wife has preferred the present Civil Revision Applications under Section 115 of the Code of Civil Procedure.