KANAKADURGA M Vs. B KAMESWARI

JUDGEMENT

(1.) The order in I.A.No. 80/97 in O.S.No. 313/89 on the file of Principal District Munsif, Narsapur, dt. 27-3-1997, refusing to set aside the ex parte order dt. 10-11-1989 in the suit under Order IX Rule 7 C.P.C. is challenged in this Revision Petition by D.1 herein.

(2.) The petitioner herein filed her affidavit in support of her petition stating that her son (D.2) informed her about the suit and she learnt that she was set ex parte on 10-11-1989. She asserted that her husband never married R.1 herein and that she is enjoying the family pension of her husband till this date and hence she wants to contest the suit. She asserted that R-1 deliberately avoided to send summons to her with a view to deprive her of the pension and hence the ex parte order dt. 10-11-1989 may be set aside and she may be permitted to file a written statement.

(3.) R.1 plaintiff filed a counter denying the material averments. She asserted that she is the wife of late Madugula Satyanarayana and that her husband filed O.P.No. 36/74 on the file of Subordinate Judge's Court, Narsapur, and sought for divorce from petitioner on the ground of adultery and the same was allowed and later he married this respondent and hence the petitioner has no right to enjoy the family pension of her husband. It is also stated that the petitioner failed to attend the Court want only and that she was set ex parte on 8-12-1989 and if at all she was interested she would have filed a petition immediately.