( 1 ) THIS civil revision is filed against the order of the A. D. J. dated 16-4-85, setting aside the ex parte decree passed against the respondent on imposing cost of Rs. 300. 00 The appellam, husband had filed a petition for divorce unaer S. 13 (l) (a) (iii) of the Hindu Marriage Act on the ground of insanity of the respondent wife and on the ground of cruelty. The oetition was listed for evidence between 23-8-84 to 29-8-84. Neither the wife nor her counsel were present. On 28-8-84 the evidence of the husband was recorded and a decree for ex parte divorce on the ground of cruelty was passed by the trial court on 29-8-84. The wife filed an application for setting aside the ex parte decree alleging that she as well as her Advocate were ill during the period. She also produced medical evidence in support of that. The learned A. D. J. accepted the application, set aside the ex parte decree and listed the petition again for the evidence of the wife.

( 2 ) THE counsel for the petitioner has submitted that the provisions of O. 9, R. 13 Civil Procedure Code. are not applicable to the petitions under the Hindu Marriage Act. If an ex parte decree is passed, the only remedy for the