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1963 Supreme(Mad) 518

VENKATADRI
P. N. Kalathi Mudaliar – Appellant
Versus
Ellammal – Respondent


Advocates Appeared:
T.T. Vijayaraghavan, for Petitioner; R. Shanmugham, S. Mohan Kumaramangalam and K. Ramachandran, for Respondent.

Judgement

ORDER :- The question that arises in this civil revision petition is whether the Sub Court, Vellore, has got jurisdiction to set aside the ex parte order passed in a petition filed by the petitioner in the Sub Court, Chittoor.

2. The petitioner filed a petition O. P. No. 25 of 1952 in the Sub Court, Chittoor, under S. 5 of the Madras Hindu (Bigamy Prevention and Divorce) Act, 1949 for dissolution of his marriage with Ellammal, the respondent herein. On 2-8-1952 the respondent was declared ex parte and an order was passed by the Chittoor Sub Court, directing dissolution of marriage. The parties were residents of Sholinghur, which was originally part of the Chittoor Judicial District, and hence the petition O. P. No. 25 of 1952 was filed in the Chittoor Sub Court. Subsequent to the order passed by that court, Sholinghur came within the jurisdiction of North Arcot Dt, under Act 30 of 1953. On 11-6-1959, the respondent filed an application under S. 150 and O. 9 R. 13 C.P.C. and Sec. 21 of the Central Act 25 of 1955, to set aside the ex parte order of dissolution of marriage dated 2-8-1952. This application was filed and numbered as I. A. No. 300 of 1959 on the file of the Sub C















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