Honble KEJRIWAL, J. – This revision has been directed against the order dated 7.9.1994, passed by learned District Judge, Alwar, whereby the said Court allowed the application submitted under Order 9 Rule 13 read with Section 151 C.P.C. filed by the respondent and set-aside the exparte decree of divorce dated 25.9.1986, passed in Civil Misc. Case No. 36/199/85.

(2) The brief relevant facts of the case are that the petitioner filed an application for divorce against the respondent. Notice of the said application was sent to the respondent by registered post. On the basis of an endorsement of refusal, the learned District Judge Alwar, found that the service on the respondent was sufficient and proceeded exparte and an ex parte decree was passed against the respo- ndent on 25.9.86. On 30.3.88, the respondent filed an application under order 9 rule 13 C.P.C. for setting aside the ex parte decree with the allegations that she never refused to accept the notice. She came to know only on 1.3.1988, about the ex-parte decree. It was prayed that the ex parte decree be set aside. The petitioner filed reply to the said application mentioning that the service on the respondent was pr- oper. She

Click Here to Read the rest of this document