RACHAITA Vs. SHANTANU MANDAL

JUDGEMENT

(1.) The appellant has filed the present appeal challenging the order dated 05/01/2015 passed by 4th Additional District Judge, Jabalpur in M.J.C. No.06/2014 thereby rejecting the application filed by the appellant under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex-parte judgment and decree dated 07/04/2014 passed in Civil Suit No.49-A/2011.

(2.) The brief facts of the case are that the respondent/ plaintiff filed an application under Section 10 of the Hindu Marriage Act seeking decree of judicial separation against the appellant/defendant. The trial Court has proceeded ex-parte against the appellant/defendant on 02/04/2014 due to non-appearance of the appellant/defendant, had passed an ex-parte judgment and decree against the appellant/defendant on 07/04/2014. The appellant thereafter filed an application under Order 9 Rule 13 of CPC for setting aside the ex-parte judgment and decree on the ground that due to serious illness and hospitalization of the mother of the appellant and that she is residing at Kolkata which is about 1500 Km away from Jabalpur, therefore, she could not appear before the trial Court on 02/04/2014.

(3.) The respondent/plaintiff filed reply to the said application and after recording the evidence, the trial Court by the impugned order dated 05/01/2015 has rejected the application filed by the appellant under Order 9 Rule 13 of CPC. Being aggrieved by that order, the appellant has preferred the present appeal.