J.M. Tandon, J. - (1.) Balwant Kaur appellant and Jaswant Singh respondent were married in 1978. On Sept. 15, 1980, the respondent filed a petition for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act against the appellant. A notice was issued to the appellant which was returned with the report that she had refused to accept it. She was proceeded against ex parse. The trial Court vide order dated Nov. 3, 1980, passed an ex parse decree for restitution of conjugal rights in favour of the respondent and against the appellant. On Feb. 11, 1981, the appellant moved an application for setting aside the ex parse decree passed against her. This application was dismissed by the trial Court vide order dated Sept. 3, 1981. It is against this order that the present F.A.U. No. 407 of 1981 is directed.
(2.) The learned counsel for the respondent has conceded that the appeal may be allowed and the impugned order dated Sept. 3, 1981, as also the ex parse decree obtained by the respondent against the appellant dated Nov. 3, 1980, be set aside and further the application filed by the respondent under Sec. 9 of the Hindu Marriage Act filed against the appellant be directed to he decided afresh after hearing the parties.
(3.) In view of the concession made by the learned counsel for the respondent, the appeal is allowed. The impugned order of the trial Court dated Sept. 3, 1981 as also the ex parse decree for restitution of con-jugal rights obtained by the respondent against the appellant on Nov. 3, 1980, are set aside. The trial Court will decide the application filed by the respondent against the appellant under Sec. 9 of the Hindu Marriage Act afresh after hearing the parties.;