CHANDER BHUSAN BAROWALIA
Sunita Rani W/o Shri Narain Dev – Appellant
Versus
Narain Dev S/o Shri Nand Lal – Respondent
JUDGMENT :
CHANDER BHUSAN BAROWALIA, J.
1. The instant appeal, under Order 43 Rule 1(d) of the Code of Civil Procedure, has been maintained by the appellant for quashing and setting aside the impugned order dated 10.7.2019, passed by the learned District Judge, Kinnaur, Civil Division at Rampur Bushahr, in CMP No. 358 of 2016 with a prayer to allow the instant appeal.
2. Brief facts giving rise to the present appeal as per the appellant-respondent is that an application, under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex-parte judgment dated 13.3.2012, vide which, ex-parte divorce decree has been passed by the learned District Judge, Kinnaur at Rampur Bushahr. In the said petition, the present petitioner, who was respondent in the learned Trial Court (hereinafter referred to as ‘wife’) that she was not duly served, summons were issued through Speed Post, on the wrong address, as the wife was never resided on the given address. This fact was very much in the knowledge of the husband. The husband got procured false and frivolous reports on the summons with the assistance of Process Serving agency. The wife was residing in House No. 1638 near Killa Manimajra, C
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