SARDAR KUMAR Vs. INDIRABAI

JUDGEMENT

(1.) THE appellant-husband, whose application for setting aside the ex parte decree dated 11. 8. 1987, passed in Civil Suit No. 25-A of 1987, has been rejected by order dated 22. 4. 1989 in Misc. Civil Case No. 10 of 1987, passed by the District Judge, Seoni, has preferred this appeal under the provisions of Order 43, Rule 1 (d) of the Code of Civil Procedure.

(2.) THE brief facts leading to the present appeal are that the parties, who are Hindus, were husband and wife. Their marriage was solemnised on 18. 11. 1984. On 7. 7. 1987 the respondent-wife filed an application before the District Judge, Seoni, seeking a divorce under Section 13 of the Hindu Marriage Act, on the ground of cruelty. The learned Trial Court in Suit No. 25-A of 1987, holding that the summons was properly served, proceeded ex parte in the matter and finally passed an ex parte decree on 11. 8. 1987.

(3.) THE appellant-husband, as he alleges, having come to know about the ex parte decree, filed an application for setting aside the said ex parte decree on 12. 12. 1987, on the ground that the summon was not properly served. After service of the present petition filed under Order 9, Rule 13, C. P. C. , the wife made appearance and opposed the application on the ground that the application has become infructuous as she had already contracted marriage with one Munnalal on 24. 10. 1987. She also submitted that if the said ex parte decree is set aside, then it could create a chaotic situation.