SHAMSUDDIN AHMED, ABANI MOHAN SINHA, JJ.

( 1 ) THIS revisional application is directed against the order dated 7-3-90 passed by the learned District Judge, Howrah in Mis. Case No. 132 of 1989. The order impugned involves disposal of an application u/s. 24 of the Hindu Marriage Act for an order of alimony pendente lite in favour of the petitioner wife in Mis. Case No. 132 of 1989 arising out of an application for setting aside an ex parte decree under order 9 rule 13 of the CPC. The learned Judge held that since the Mis. Case under order 9 rule 13 of the CPC is pending no remedy U/s. 24 of the Hindu Marriage Act will be available to the wife. According to the learned Judge unless the suit is restored to file there is no scope of passing an order u/s. 24 of the Hindu Marriage Act. In this view of the matter the Id. Judge allowed an application for stay of hearing of the petition u/s. 24 of the Hindu Marriage Act till disposal of the Mis. Case under Or. 9 Rule 13.

( 2 ) MR. Chatterjee, Id. Advocate appealing for the petitioner has contended that the proceeding for setting aside an exparte decree in a matrimanial suit under the Hindu Marriage Act is a proceeding under the Hindu Marria

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