PANCHAWATI BAI Vs. SONURAM SONI

JUDGEMENT

(1.) This is an appeal by the defendant against the order dated 9-8-1983 passed by the District Judge, Durg in Misc. Civil Case No. 51 of 1982 rejecting her application for setting aside the exparte decree for restitution of conjugal rights passed on 7-10-1982 in Civil Suit No. 58-A of 1982.

(2.) The appellant is legally wedded wife of the respondent. Respondent had made a petition under section 9 of the Hindu Marriage Act, 1955, (hereinafter referred to as 'the Act') against the appellant for restitution of conjugal rights which was registered as Civil Suit No. 58-A of 1982. The summons were issued to the appellant in that suit and the case was fixed on 6-9-1982 for appearance of the appellant. The said summons were served on the appellant on 24-8-1982 but the appellant failed to appear in Court on 6-9-1982 and, therefore, she was proceeded exparte and the case was posted for 7-10-1982 for exparte evidence. On 7-10-1982 exparte statement of the respondent was recorded, arguments were heard and the judgment was delivered. An exparte decree for restitution of conjugal rights was passed in favour of the respondent against the appellant.

(3.) On 10-12-1982 the appellant applied for setting aside the exparte decree under order 9 rule 13 of the Code of Civil Procedure accompanied with an application under section 5 of the Limitation Act for setting aside the exparte decree, stating that she could not make an application within the period prescribed by law due to illness.