( 1 ) THE Court : The husband/petitioner filled Matrimonial Suit No. 47 of 1992 in the 4th Court of the learned Additional District Judge at Alipore, South, 24-Parganas, against the wife/caveator/opposite party for a decree for divorce on the ground of cruelty and the same was decreed ex-pane on 19th January, 1993.

( 2 ) SUBSEQUENTLY, the wife/caveator/opposite party filed an application under Order IX Rule 13 read with section 151 of the Code of Civil procedure together with an application under section 5 of the Limitation Act for setting aside the aforesaid ex-parle decreed on condonation of delay, alleging inter alia, that no summons of the suit was served upon her and the ex-parte decree was obtained by the husband/petitioner by suppression of summons and by forging the signatures of the wife/caveator/opposite party on the service return of summons and also on the acknowledgement card and she had no previous knowledge of the suit prior to 29th1 April. 1993 and 30th April, 1993, and the same gave rise to Misc. Case No. 7 of 1993.

( 3 ) IN the said Misc. Case, the wife/opposite party filed an application for appointment of a handwriting expert for comparing and/or examining the

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