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2008 Supreme(Del) 379

VEENA BIRBAL
NEELAM – Appellant
Versus
DEPUTY PRAKASH CHAWLA – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner .:Ms. Swarupa Reddy, Advocate.
For the Respondent:Mr. Jagdish Sethi, Advocate.

JUDGMENT

Veena Birbal, J. (Oral)-In the present case, ex parte divorce was granted to respondent/husband in the year 1987. On 13th July, 1987, petitioner/wife had moved an application under Order 9 Rule 13 for setting aside ex parte divorce decree alleging that the husband had obtained the same by fraud and concealment. The proceedings for setting aside ex parte decree are still going on before learned ADJ. It is stated that presently the aforesaid application is at the stage of final arguments.

2. According to petitioner/wife, her part examination-in-chief was recorded on 4.1.2001, further examination-in-chief was recorded on 11.12.2006 i.e. after a gap of five years. On 18.1.2007, the respondent/ husband had cross-examined the petitioner. The evidence of respondent/ husband has also been recorded. Thereafter, petitioner moved an application under Order 18 Rule 17 read with Section 151, CPC for recalling and re-examining PW1, i.e. petitioner. Her contention is that injustice will be done to her if she is not allowed to be re-examined. The said application has been dealt in detail by learned ADJ vide impugned order dated 13.3.2008. The relevant portion of the order is reproduced bel






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