BASANTA MANJARI PATTNAIK Vs. HRUSIKESH NAYAK

JUDGEMENT

(1.) Ms. Mohapatra, learned advocate appears on behalf of appellant-wife. She submits, impugned is order dtd. 15/5/2023 refusing to set aside ex-parte judgment and decree dtd. 25/11/2019. Her client had no notice of the civil proceeding. Impugned order and said exparte judgment and decree be set aside in appeal and the civil proceeding restored for trial with participation of her client.

(2.) Mr. Mohanty, learned advocate appears on behalf of respondent-husband and submits, impugned order records there was service of summons made. On top of that his client obtained direction for substituted service and such service was also duly made. In the circumstances, when appellant-wife willfully stayed away from the trial Court and has now come with false plea of summons having not been served upon her, the appeal be dismissed.

(3.) Perused the lower Court record and in it the order sheet. Orders dtd. 16/1/2019 and 9/4/2019 are reproduced below.