JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. The instant appeal is against the judgment and decree dated 05.11.2019 passed in Miss Civil Suit No. 02/18 by the Learned Family Camp Court, Katghora, District Korba wherein application filed under Order 9 Rule 13 of CPC was allowed.

2. The brief facts of the case are that:-

- The appellant/ husband filed an application for restitution of conjugal rights against the respondent/ wife wherein the respondent initially appeared and thereafter she failed to appear, consequently ex parte order was passed on 08.05.2017 in Civil Suit No. 156A/ 2015.

- Subsequently, respondent/ wife filed an application for setting aside the order dated 08.05.2017, on the ground that since she was staying at Bhopal since 2016 and when she came to know of the fact that ex parte judgment and decree has been passed, she immediately filed an application to set aside the ex parte judgment and decree dated 08.05.2017.

- Learned Family court allowed the application under order 9 Rule 13 of CPC.

Hence this appeal.

3. Learned counsel for the appellant would vehemently submit that the wife was making personal appearance throughout in the original case bearing Civil Suit No. 156A/2015 an