KANCHAN SAHELA Vs. SAMIR SINGH SAHELA

JUDGEMENT

(1.) This revision is directed against an order dated 14th April 1980 by which the Second Additional District Judge, Raipur, dismissed an application made by the wife for setting aside ex-parte decree for judicial separation as barred by limitation. The ex-parte decree was passed on 14th April 1980. The application for setting aside the decree was made on 19th Aug. 1980, if article 123 of the Limitation Act applied, this application was clearly barred. The learned counsel appearing for the applicant submits that in view of section 29(3) of the Limitation Act the provisions of the Limitation Act would not be applicable to an application under the Hindu Marriage Act. Sec. 29(3) of the Limitation Act provides that "save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law." The question before me is whether the application made by the wife for setting aside the ex-parte decree for Judicial separation was a proceeding under the Hindu Marriage Act. In case it can be taken to be proceeding under that Act, section 29(3) would apply and the application of the Limitation Act would be excluded. The Hindu Marriage Act does not contain any provision for setting aside ex-parte decree. By section 21 the Code of Civil Procedure has been made applicable to proceedings under the Hindu Marriage. Act. The application filed by the wife, was therefore, an application under Order 9 Rule 13 C.P.C. and not a suit or proceeding under the Hindu Marriage Act. The application filed by the wife was, therefore, clearly governed by Art. 123 of the Limitation Act and it was rightly held to be barred by Limitation by the Additional District Judge. Some rulings have been cited before me but as they are not directly on the point., no useful purpose would be served by referring to them.

(2.) The revision fails and is dismissed but without any order as to costs. Revision dismissed.