LAWS(P&H)-2000-9-110

RAVINDER NATH Vs. RAJNI SHARMA

Decided On September 18, 2000
RAVINDER NATH Appellant
V/S
Rajni Sharma Respondents

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the order dated 1.6.1998, passed by the Additional District Judge, Hoshiarpur, who allowed the application under Order Rule 13 C.P.C., of Rajni Sharma and set aside the ex-parte decree dated 3.6.1995 and the wife was allowed to contest the main petition, for the reasons given in paras 21 to 26, which read as under :-

(2.) I have heard the counsel for the parties and with their assistance have gone through the record of this case and I am satisfied that Rajni Sharma was never duly served. The reports were manipulated by the petitioner. There was no occasion on the part of the respondent to engage a lawyer from Dasuya to contest the case. Rather, the conduct of the petitioner shows that on the one hand he was trying to get an ex-parte decree and on the other hand, he was writing letters to the wife. Everything is shaky with regard to the conduct of the petitioner. In such a convenient way, no litigant shall be permitted to take ex-parte decree, especially in matrimonial matters. Even justice demands that the lis of Rajni Sharma should not fail.