SATYAKI SEN Vs. SMT. RATULA SEN

JUDGEMENT

(1.) This revisional application is directed against order no. 19 dated 27th June, 2016 passed by the learned Additional District Judge, 11th Court, Alipore in Miscellaneous Case No. 05 of 2015, by which an application under Order 9, Rule 13 of the Code of Civil Procedure is allowed.

(2.) Admittedly, the Matrimonial Suit No. 71 of 2014 was filed by the petitioner before the Family Court at Goutam Budha Nargar (Noida), Uttar Pradesh for dissolution of marriage, inter alia, on the ground of desertion and cruelty. After receiving the summons, the wife/opposite party filed an application seeking transfer of the said case from the said Court to the Court at Kolkata, which was eventually allowed on 1st July, 2014. The said suit was transferred to the District Court at Alipore and by an administrative order the same was transferred by the learned District Judge to the Court of the learned Additional District Judge, 11th Court, Alipore.

(3.) It is not in dispute that before the transferee Court the suit was posted in the cause list and ultimately was proceeded ex parte. An ex parte decree was passed by the Trial Court resulting the dissolution of marriage. The wife/opposite party thereafter filed an application under Order 9, Rule 13 of the Code for setting aside the ex parte decree on two fold grounds; firstly, that after the transfer of the suit by an order of the Apex Court, the transferee Court has not issued the writ of summons and, therefore, she had no knowledge of fixation of dates and secondly, the learned lawyer who was initially engaged to look after the case instituted in the Court in Uttar Pradesh advised to wait for service of writ of summons and to appear thereafter.