( 1 ) THIS appeal is directed against the order dated 31. 07. 2003 of the Additional District judge, Delhi in Misc. Case No. 19/2001/94 whereby the learned Judge has dismissed the application of the respondent herein under order 9 Rule 13 CPC.

( 2 ) BRIEF facts of the case as noted by the additional District Judge are as follows: -

". . . . . . . APPLICANT alongwith her daughter was residing at her parental home since 2/11/92. The applicant was residing separately from the petitioner when. applicant made complaint to women cell. It is stated in the application that petitioner/non-applicant had sent an undated letter by regd post A. D. as well as under UPC in which he had exposed his malafide intentions and the applicant replied the said letter, vide reply dated 16/3/93. Thereafter applicant received a notice from the counsel of petitioner and the applicant also replied the same. That on 9/10/ 94, in the morning father of applicant went to house of petitioner for making a request for reconciliation but there the father of non-applicant/petitioner refused to talk to father of applicant and passed remarks that they now have no relations with respondent which made her fa