ASHA CHOUDHARY Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS appeal under Order 43 Rule l(d) of theCode of Civil Procedure, read with Section 28 of the Hindu Marriage Act, 1955(for short the 'Act'), is against the order dt. 24.10.89 passed in Misc. CivilCase No. 7/1987, whereby the District Judge, Dewas dismissed the applicationof the appellant/defendant under Order 9 Rule 13, C.P.C, for setting aside theex -parte decree dated 19.3.1987 passed for dissolution of marriage in Civil SuitNo. 24 -A/86.

(2.) BRIEF facts leading to this, appeal are thus: that the respondentplaintiff, the husband of the appellant/defendant, instituted a suit Under Section13(1) (ia) and (ib) of the Act for dissolution of marriage. Of the suit the summons were not served in the ordinary manner as well as by the registered post. The registered envelope was received back with the postal endorsement of 'incomplete address'. On the application of the respondent, under Order 5 Rule20 (1 -A) of C.P.C. the Court ordered for effecting service by way of publication. The publication was made in 'Daily Prasaran', wherein the date 22,1.1987was fixed for hearing and appearance of the respondent. On 22.1.87 thePresiding Officer was on leave, therefore the clerk of the Court adjourned thecase to 28.1.87. On 28.1.87 the Court adjourned the case to 28.2.87, no thisday too the Presiding Officer was on leave, hence, the clerk of the Court fixedthe case to 9.3.87. On 9.3.87 the Court did not proceed ex -parte against theappellant/defendant and adjourned the case to 13.3.87 marking absence of theappellant/defendant.

(3.) ON 13.3.87 the Court rejected the application and proceeded exparte. On 19.3.87 the statement of the respondent/husband was recorded andex -parte decree for dissolution of marriage was passed on the aforesaid twogrounds.