SHAH MALI Vs. SALAM KOKA

JUDGEMENT

(1.) THIS is a motion for the admission of civil revision dlrected against the order of the learned Sub -Judge. Shopian dated 1 -1O -1986 whereby an exparte decree passed against the defendant respondent has been set aside.

(2.) IT appears that suit for dissolution of marriage was filed by the plaintiff/wife against her husband/defendant, in the learned trial court. On he summons issued to the defendant for his appearance in the court, it was reported by the Process Server that he rSLed exparte on 19 -6 -1981 and examined some witnesses of the plaintiff in his absence. Consequently, an exparte decree was passed aga n tie defendant on 19 -9 -1981.

(3.) ON 14 -11 -1981 the defendant filed an application for setting of exparte decree on the greound that he had never refused the service og summons,and that on a wrong and baseless report of the process Server exparte proccedings were taken against him .According to him ,it was on 22 -10 -1981 that he got the knowledge of such decree.