BASANT, J.

1. Can a recalcitrant litigant be permitted to take advantage of the alleged inadequacy in the service of notice when it is clear as day light that he had full knowledge of the proceedings and opportunity to participate in the same? This question arises for consideration in this appeal.

2. This appeal is preferred by the appellant through his power of attorney holder, his father, against dismissal of applications to condone the delay of 330 days and to set aside an exparte order of divorce passed against him under Section 2 of the Dissolution of Muslim Marriages Act, 1939.

3. To the skeletal facts first. The marriage took place on 18.07.2004. The wife claimed divorce under Section 2 of the Dissolution of Muslim Marriages Act in a petition filed in 2007 - as O.P.No.225 of 2007. The appellant/husband was employed abroad. Notice could not be personally served on him. Attempt was made to effect service by affixture at the place of permanent residence of the appellant in India. The notice was affixed. To that affixture, the father of the appellant, his present power of attorney holder, was a witness. The appellant did not appear even thereafter. It was, in these cir