JUDGMENT :

Shampa Sarkar, J.

1. The revisional application arises out of an order dated June 20, 2022 passed by the learned Additional District Judge, Fast Track 1st Court, Lalbagh, Murshidabad in Misc. Case No.01 of 2021. The Misc. case arose out of Matrimonial Suit No.133 of 2014. By the order impugned, the learned Court allowed the Misc. Case and set aside the ex parte decree. The Matrimonial Suit No. 133 of 2014 was restored to its original file and number. The learned Court allowed an application under Section 5 of the Limitation Act for condonation of delay in filing the Misc. Case as also the Misc. Case, by the same order, which has been impugned before this Court.

2. The petitioner is the husband. The petitioner has challenged the said order on the following grounds:-

a) The learned Court failed to assign the reason for setting aside the ex parte decree and in allowing the Misc. case.

b) The learned Court did not consider the fact that the summons of the matrimonial suit were duly served, but the wife failed to contest the suit.

c) The basic grounds on which an application under Order 9 Rule 13 of the Code of Civil Procedure could be allowed, were, non-service of summons and/or s