S. B. SAKRIKAR, J.

( 1 ) DEFENDANT appellant has directed this appeal against the order dated 26. 7. T999 passed by 1st Addl. District Judge, barwani, in Misc. Case No. 12/98, thereby rejecting the application filed on behalf of the appellant for setting aside the ex parte decree dated 10. 11. 1997 in Civil Case No. 5a/97 under Order 9 Rule 13, CPC.

( 2 ) BRIEFLY stated the facts of the case are that respondent Motilal filed an application under Section 13 of the Hindu Marriage Act, for grant of decree of divorce against the appellant in the Court of 1st Addl. District Judge, barwani. The notice of the said application was sent to the defendant-appellant by Regd. Post A/d It is stated that the notice of application sent to the appellant-defendant returned to the Court concerned through the post with the endorsement that the addressee refused to take the letter in question. On the aforesaid report, the learned Trial Court proceeded ex-pa rte against the appellant and on the basis of the evidence of the respondent an ex parte decree of divorce was passed against the appellant uide order dated 10. 11. 1997 in Civil suit No. 5a/97. It is also the case of the appellant that on getting t

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