SOHAN LAL Vs. GURBAX KAUR

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 1.22011, passed by learned Additional District Judge, Jalandhar, Annexure P7, vide which application filed by respondent under Order IX Rule 13 of the Code of Civil Procedure for setting aside the ex parte judgment and decree dated 29.5.2008, passed by learned Additional District Judge, Fast Track Court Jalandhar, has been allowed.

(2.) I have heard learned counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned Additional District Judge, Jalandhar.

(3.) Facts relevant for the decision of present revision petition are that a petition for divorce under Section 13 of the Hindu Marriage Act, 1985 (hereinafter to be referred as the 'Act') was filed by present petitioner-husband against respondent-wife, in which respondent-wife was proceeded .ex parte and ex parte judgment and decree was also passed in favour of present petitioner against respondent. For setting aside the ex parte judgment and decree, application was filed by respondent-wife, which was contested by present petitioner. Issues were framed. Evidence of both the parties was recorded. After hearing both the parties and after considering the entire evidence, the impugned order was passed by learned Additional District Judge, Jalandhar, setting aside the ex parte judgment and decree passed in favour of petitioner-plaintiff.