SHEETAL Vs. PARVEEN KUMAR

JUDGEMENT

(1.) The short question, required to be determined in this appeal, is whether the ex parte decree of divorce granted in favour of the respondent dated 8.11.2012 could be set aside under Order 9 Rule 13 CPC. Vide impugned order dated 8.4.2016 the said application filed by the wifeappellant had been dismissed on the ground that the application was barred by time and was also devoid of merits.

(2.) Respondent seems to have re-married. In view of the said circumstance we propose to dispose of the appeal against order dated 8.4.2016 on merits today as record has already been received.

(3.) This is an appeal against order dated 8.4.2016, dismissing her application under Order 9 Rule 13 CPC for setting aside the ex parte decree of divorce dated 8.11.2012. While deciding the application under Order 9 Rule 13 CPC, the same has been dismissed on the ground that it is barred by time and the period of limitation would start not from the date of knowledge of the applicant rather it would start from passing of the ex parte decree.