NAND KISHORE Vs. SUSHMA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and perused the impugned order dated 26. 02. 2008 by which the learned trial court has allowed the application filed by the respondent-wife under Order 9 rule 13 C. P. C. and has set aside the ex-parte decree dated 17. 05. 2007.

(2.) HAVING heard learned counsel for the petitioner and having gone through the impugned order, I am satisfied that looking to the nature of the allegations which have been leveled in the application, filed by the petitioner, for dissolution of marriage it is all the more necessary that the suit should have been allowed to be decided on merits after affording an opportunity to the parties to lead evidence in respect of the points raised in the said application.

(3.) IN the facts and circumstances, I find that substantial justice requires that the ex-parte decree be set aside and I find no infirmity in the impugned order dated 26. 02. 2008.