REETA JAIN Vs. MANOJ KUMAR JAIN

JUDGEMENT

(1.) THIS appeal under Order 43 Rule 1 (d) of Civil Procedure Code (hereinafter referred as CPC) has been filed against order dated 6.12.2004 passed by First Additional District Judge, Katni in case No. 19/2002 under Order 9 Rule 13 read with Section 151 of CPC and Section 5 of Limitation Act.

(2.) IN nut shell the facts of the case are that respondent Manoj Kumar Jain filed divorce petition under Section 13 of the Hindu Marriage Act which was registered as 4A/ 1996. Appellant was called by ordinary as well as registered A/d process. As registered A/d was not received after due time, so under the presumption of service, appellant was proceeded ex parte on 20.7.1996 and after taking ex parte evidence on 19.9.1998 marriage was dissolved under Section 13 of the Hindu Marriage Act.

(3.) RESPONDENT has supported the ex parte order of Trial Court and submitted that various services were effected and appellant was in the knowledge of the suit and in order to harass him appellant has brought forward the proceedings after lapse of so many years and in the 2 meanwhile the respondent has entered into second marriage and he has also begotten as son from the said marriage and there is no use of revival of the case.