The Code of Civil Procedure, 1908  - Order IX Rule (13)

Setting aside decree ex-parte - Against defendant - Appellant/husband filed a case - Divorce - Against the respondent/wife - Refused to receive the notice of Court- Service vide publication -Affixation proceeded ex- parte - Marriage was dissolved - Respondent, after 4 years of the ex-parte decree of divorce - Moved an application for setting aside - Trial Court dismissed - High Court allowed application under Order IX Rule 13 of the CPC, 1908 - Reversed order of the trial Court - Appeal - No case of respondent/wife - That there had been a fraud or collusion between the appellant and the postman - No document summoned from post office - No attempt to examine postman - Nobody's case "National Herald" daily newspaper - Did not have a wide circulation in Delhi or in the area where the respondent/wife was residing with her brother - High Court not set aside material findings - In respect of service of summons by process server/registered post and substituted service - High Court not consider the grounds on which - Trial Court dismissed the application under Order IX, Rule 13 CPC - Impugned order by High Court set aside - Trial Court restored - Appellant directed to pay Rs.10 lakhs to respondent - As a lumpsum amount of maintenance to her - Appeal allowed.

Found In:  Topic Index, Judgement

The Code of Civil Procedure, 1908  - Order IX Rule (13)

Setting aside decree ex-parte - Against defendant - Appellant/husband filed a case - Divorce - Against the respondent/wife - Refused to receive the notice of Court- Service vide publication -Affixation proceeded ex- parte - Marriage was dissolved - Respondent, after 4 years of the ex-parte decree of divorce - Moved an application for setting aside - Trial Court dismissed - High Court allowed application under Order IX Rule 13 of the CPC, 1908 - Reversed order of the trial Court - Appeal - No case of respondent/wife - That there had been a fraud or collusion between the appellant and the postman - No document summoned from post office - No attempt to examine postman - Nobody's case "National Herald" daily newspaper - Did not have a wide circulation in Delhi or in the area where the respondent/wife was residing with her brother - High Court not set aside material findings - In respect of service of summons by process server/registered post and substituted service - High Court not consider the grounds on which - Trial Court dismissed the application under Order IX, Rule 13 CPC - Impugned order by High Court set aside - Trial Court restored - Appellant directed to pay Rs.10 lakhs to respondent - As a lumpsum amount of maintenance to her - Appeal allowed.

Found In:  Judgement