KRISHNA MUKHERJEE Vs. NARAYAN MUKHERJEE

JUDGEMENT

(1.) This first miscellaneous appeal is at the instance of a wife in a proceeding for divorce and is directed against the Order No.45 dated 21 st July, 1995 passed by the Additional District Judge, 4th Court, Alipore in Matrimonial Suit No.7 of 1993 thereby rejecting an application filed by the present appellant for lodging complaint against the husband in terms of Section 340 of the Code of Criminal Procedure.

(2.) The husband-Respondent filed a matrimonial suit for divorce and the said suit was decreed ex parte. Subsequently, the wife filed an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the said ex parte decree on the ground that no summons was served upon her and that the husband by suppressing the summons obtained the said ex parte decree on frivolous grounds.

(3.) The said application under Order 9 Rule 13 of the Code of Civil Procedure was ultimately allowed by the learned Trial Judge and the ex parte decree, earlier passed, was set aside.