MOHAN LAL Vs. VINOD KUMAR

JUDGEMENT

(1.) PETITIONER seeks review of order of this court dated 11.5.1987 whereby revision petition No. 141/1986 was dismissed on the ground that exparte decree passed under the Hindu marriage Act can be set aside under 0.9.R, 13 of the Code of Civil Procedure.

(2.) PETITIONER herein contended that the finding recorded by this court is not in accordance with, law therefore, the finding needs to be reviewed and set aside.

(3.) IT is contended that 0.9.R.13 has no application to the proceedings which are initiated under the Hindu (Marriage Act. An exparte decree cannot be set aside under the CPC, but an appeal is to be filed against the said decree under the provisions of Hindu Marriage Act itself. Any authority which has held to the contrary is said to be distinguishable.