- (1.) Nobody appears in spite of service of notice. The affidavit-of-service must be filed in course of this day by the learned Advocate for the petitioner. It also appears from record that one learned Advocate entered appearance on behalf of the opposite party. As there is no appearance on behalf of the opposite party today at the time of hearing of this application, I have heard the submission of the learned Advocate for the petitioner.
(2.) The opposite party/husband filed a suit for divorce being Matrimonial Suit No. 8 of 1998 against the present petitioner and the said suit was decreed ex parte on 29th July, 1998. The petitioner thereafter on 28th January, 1999 filed an application for setting aside the ex parte decree alongwith a separate application for condonation of delay under section 5 of the Limitation Act.
(3.) The learned Court below took up the said petition for condonation of delay and petition for setting aside ex parte decree for disposal and on examination of evidence of the parties, the learned Court has rejected the said applications by the order impugned in this application.;