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2009 Supreme(P&H) 1680

SHAM SUNDER
Jaswant Singh – Appellant
Versus
Sukhjit Kaur – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vineet Sharma, Advocate.
For the Respondent: None.

JUDGMENT

Sham Sunder, J. - This revision-petition is directed, against the order, dated 23.10.2003, rendered by the Court of Addl. District Judge, Amritsar, vide which, it accepted the application under Order 9, Rule 13 of the Code of Civil Procedure filed by Sukhjit Kaur and set aside the ex parte decree of divorce dated 09.09.1993.

2. The facts, in brief, are that a petition under Section 13 of the Hindu Marriage Act, titled as Jaswant Singh v. Sukhjit Kaur, was filed by Jaswant Singh, against his wife Sukhjit Kaur giving her address as 12425 74, Avenue Surrey, B.C. C3 W.O.R.5 Canada, and Sukhjit Kaur was ordered to be summoned for 01.03.1993 for which date the process was not issued by the Ahlmad. It was ordered to be issued for 20.04.1993. On 20.04.1993 the registered cover, containing the summons was received back, with the report that the address given thereon was not complete, and the petitioner was called upon to file correct address of Sukhjit Kaur, on 11.05.1993. On 11.05.1993 instead of filing the correct address of the respondent, an application under Order 5 Rule 20 of the Code of Civil Procedure was moved, by the petitioner, stating therein, that the respondent was del













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