S. BHAKTI SWARUPA Vs. SUDIP MISHRA

JUDGEMENT

(1.) Appellant is the wife. Mr. Chakravarty, learned advocate appears on her behalf and submits, impugned judgment dtd. 20/5/2023 was made ex parte against her. By directing that divorce was allowed on contest against his client, she stood deprived of her remedy to apply under order IX rule 13 in Code of Civil Procedure, 1908, for setting aside the ex parte judgment. His client had not filed written statement nor examined herself nor cross-examined respondent-husband. In the circumstances, the judgment was made under rule 2 in order XVII.

(2.) Respondent-husband goes unrepresented. In this context we reproduce below text of our order dtd. 29/1/2024.

(3.) On query from Court Mr. Chakravarty submits, procedure for hearing ex parte at instance of plaintiff, stands provided under rule 6 of order IX. We reproduce below clause (a) under rule 6 in order IX.