ILC-2011-SC-CIVIL-Feb-3
Parimal Vs. Venna @ Bharti
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.
Hon'ble Mr. Justice P. Sathasivam , Hon'ble Dr. Justice B.S. Chauhan ,
Vikrant Yadav, Vishal Malik, Piyush Kant Roy, Gaurav Dhingra, M.C. Dhingra, Advocates
Ms. Geeta Dhingra, Chander Shekhar Ashri, Advocates
Topic(s)-Setting aside decree ex-parte
Important Decision(s)- CPC, 1908 - O IX R 13 - Ex-parte decree - Divorce - No case of respondent/wife - Collusion between the appellant and the postman - SC - Ex-parte decree Trial Court restored.
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