NARA RAMAKKA Vs. NARA PEDDA NARASAPPA

JUDGEMENT

(1.) This appeal is filed by the petitioner in I.A. No. 79 of 1959 in O.P. No. 79 of 1956 on the file of the District Judge's Court, Anantapur, against the Order of the District Judge refusing to set aside the ex parte decree passed against her on 10th January, 1957. The respondent filed O.P. No. 79 of 1956 for dissolution of his marriage with the appellant alleging unchastity and obtained an ex parte decree. Nearly two years thereafter, the appellant presented a petition giving rise to this appeal with the allegation that she was not aware of the filing of the petition for dissolution of her marriage with the respondent and that a false endorsement was made by the postman that she refused to receive the registered cover containing the summons. She went into the witness-box to support her case.

(2.) The respondent examined himself as R.W. 1 to disprove the case of the appellant that she was unaware of the divorce proceedings and deposed that she was fully acquainted with these proceedings and that she chose to file this petition with a view to enable her to claim maintenance. The District Judge dismissed this petition with the following observations :-

(3.) Dissatisfied with this order, the appellant brought this matter before us in appeal. It is urged on behalf of the appellant by Sri Pattabhirama Rao that service of summons by post could be ordered by Court only when it was established that the summons was returned unserved and, as, in this case, no attempt was made by the respondent to serve her through Court, Order 5, rule 20-A Civil Procedure Code could not be put into effect.