MITHILESH KUMAR SRIVASTAVA Vs. SAROJ KUMARI SRIVASTAVA

JUDGEMENT

(1.) -

(2.) THIS civil revision has been filed by the plaintiff-applicant (hereinafter referred to as the applicant) against the judgment and order dated 25-4-85 passed by Sri C. B. Jayaswal, IV Addl. District Judge, Allahabad in Misc. Case No. 4 of 1985 arising out of matrimonial Petition No. 236 of 1984 by which the judgment and order dated 22-9-86 decreeing the suit ex-parte was set aside and restoring the suit to its original number for disposal according to law.

(3.) THE trial Court found as a fact that neither notice nor summons were served on the respondent (wife). It was further found that the applicant who has obtained the decree ex-parte by practising fraud cannot be allowed to derive advantage out of it. It was also found by the trial court that the fraud so practised by the applicant (husband) vitiated the entire proceedings and more so when the defendant (wife) has no knowledge of the proceedings. THE judgment and decree dated 22-9-84 decreeing the suit ex-parte and dissolving the marriage and granting divorce was thus set aside by learned IV Addl. District Judge vide judgment and order dated 25-4-85.