MUNNI DEVI ALIAS RAJESWARI Vs. KSHETRA PAL SINGH

JUDGEMENT

(1.) This writ petition is directed against the order dated 18.1.2003, Annexure-9 to the writ petition, passed by Additional District Judge, Bijnore and the judgment and order dated 29.11.1999, Annexure-8 to the writ petition, passed by the Trial Court. Plaintiff-respondent filed a suit for dissolution of marriage before the Civil Judge, Bijnore. Suit was decreed ex parte by judgment and decree dated 1.1.1994. Defendant-Smt. Munni Devi, wife of plaintiff, moved an application under Order IX Rule 13 supported by an affidavit to set aside ex parte decree on the ground that notices were not served to her and ex parte decree was passed without notice to her. An objection to the restoration application as well as to application under Section 5 of the Indian Limitation Act was filed by plaintiff-respondent denying allegations made in applications of defendant asserting that summons were personally served. Trial Court by the order dated 29.11.1999 dismissed application of petitioner under Section 5 of the Indian Limitation Act as well as restoration application. In revision said order was affirmed by the revisional Court.

(2.) Heard learned Counsels for the parties.

(3.) Learned Counsel for petitioner urged that no notice was served to petitioner personally and decree was obtained ex parte without service of notice. He relied upon Paragraph 8 of the writ petition in support of his contention. He further urged that neither any summon was served to petitioner nor petitioner put her signature on paper A-7 and process server did not file any affidavit before the Nazir, as required on Form 11 of Appendix B, under Order V Rules 16 and 18 C.P.C. Summons issued by the Trial Court were not accompanied with the copy of the petition and were also not served hence findings recorded by the Courts below are perverse and the ex parte decree is liable to be quashed.