HINT LAL Vs. RITA KUMARI

JUDGEMENT

(1.) In this civil revision application filed by the plaintiff-husband (who got an ex parte dacree passed on 28-2-1989 in his Matrimonial Title Suit No. 3 of 1988), a Rule is sought for against an order dated 25-11-1989 passed by the learned 6th Additional District Judge, Nalanda admitting a petition dated 21-8-1989 filed by the opposite party (defendant-wife) under Order IX Rule 13 and Section 151 of the Code of Civil Procedure (hereinafter referred to as 'the Code') for setting aside the aforementioned exparte decree alleging fraud practised while serving summons on her, which is evident from paragraph 4 of the revision petition.

(2.) A separate petition for condoning the delay in filing the petition dated 21-8-1989 was also tiled by the opposite party alleging that the learnt of the said ex pane decree only on receipt of a notice on 12-8-1989 issued by this Court in Cr. Misc. No. 7457 of 1989 filed by the petitioner against her in which there was mention of the said ex pane decree passed against her.

(3.) The petitioner appeared and tiled a petition challenging the maintainability of the said application at the stage of its admission.