(1.) Heard Sri K.Satyanandam, learned counsel representing Sri T.V.Jaggi Reddy, learned counsel for the appellant and learned counsel for the respondent appearing through virtual mode.
(2.) The appellant is the husband of the respondent - wife.
(3.) The respondent filed H.M.O.P.No.76 of 2022 seeking divorce under Sec. 13(1)(ia) of Hindu Marriage Act, 1955. The appellant was set exparte by an order dtd. 6/2/2023. The respondent's (wife) evidence was completed and the matter was posted for orders on 27/2/2023. On 27/2/2023 i.e., the date fixed for delivering of judgment, the appellant filed an application under Order 9 Rule 7 r/w Sec. 151 CPC which was dismissed and the judgment was pronounced. The appellant thereafter on 29/3/2023 filed an application vide I.A.No.1 of 2023 under Order 9 Rule 13 CPC to set aside the exparte decree dtd. 27/2/2023, which has been rejected by an order dtd. 5/2/2024.