S K BOSE Vs. PREMI BOSE

JUDGEMENT

(1.) THIS revision under Section 115 of the Code of Civil Procedure by the applicant/husband is directed against the order dt. 27/6/1986 of the matrimonial Court setting aside the ex-parte decree of divorce passed against the wife in Civil Suit No. 3-A of 1980.

(2.) THE ex-parte decree of divorce was granted in favour of the husband on 4. 10. 1980. Earlier the case was fixed before the Court 27. 9. 1980 and the case was adjourned without objection, on the request of the Counsel for the wife. The case was adjourned to 1. 10. 80 for evidence. On the date of evidence the wife as also her Counsel were absent. The Court, therefore, preceded ex. parte by examining the husband in witness box, hearing the arguments and fixing the case for judgment on 4. 10. 80.

(3.) AN application for setting aside the ex-parte decree of divorce was filed on 24. 10. 1980 stating that the wife being absent on 27. 9. 80 had no knowledge of the subsequent date, she tried to contact her Counsel late Shri Hirak Bhattacbarya who had gone to Jabalpur for some case and for a period of fortnight, even on his return, he could not be contacted as he had fallen seriously ill and the relations of late Shri Hirak Bhattacharya did not permit the non-applicant/wife to meet him. The Counsel later died. Accepting the above case of the wife as constituting sufficient case, the Court set aside the ex-parte decree of divorce order dt. 27. 6. 86, impugned in this revision.