PRAKASH UDASI Vs. ASHA UDASI

JUDGEMENT

(1.) PRAKASH, the husband-applicant in matrimonial petition - H. M. Case No. 363 of 1991 (Old No. 233 of 1990) filed in the Court of X Additional judge to the Court of District Judge, Indore fora decree of divorce by dissolution of marriage on the ground of cruelty and desertion under Section 13 (A) (B) of the Hindu Marriage Act, is the appellant in this Letters Patent Appeal presented under Clause 10 of Letter Patent.

(2.) TERSELY stated facts are that the husband filed the petition on 19. 9. 1990 and obtained the exparte decree of divorce on 26. 3. 1991. An order to proceed exparte was passed on 23. 2. 1991. Simt. Ashadevi, the wife, filed the application under Order IX, Rule 13 of the Code of Civil Procedure, registered as Civil Misc. Case No. 15/92, on 10. 8. 1991 praying to the Court to make an order setting aside the ex parte decree on the ground that (a) Summons was not duly served; and (b) She was prevented by sufficient cause from appearing on 23. 2. 1991 on account of non-service and sickness. The Court below rejected the application by the order dated 3. 9. 1994. Respondent then filed Misc. Appeal No. 456 of 1994 which was allowed on 3. 7. 1995 and ex parte decree was dislodged with direction ofbi-parte hearing. This order of 3. 7. 1995 is challenged in this appeal.

(3.) THE Counsel for the appellant submitted that evidence furnished by the respondent is not properly considered and that the order passed by the Court below is erroneously demolished.