S.K. Dubey, J.

1. This appeal under Order 43 Rule l(d) of the Code of Civil Procedure, read with Section 28 of the Hindu Marriage Act, 1955 (for short the 'Act'), is against the order dt. 24.10.89 passed in Misc. Civil Case No. 7/1987, whereby the District Judge, Dewas dismissed the application of the appellant/defendant under Order 9 Rule 13, C.P.C, for setting aside the ex-parte decree dated 19.3.1987 passed for dissolution of marriage in Civil Suit No. 24-A/86.

2. Brief facts leading to this, appeal are thus: that the respondent plaintiff, the husband of the appellant/defendant, instituted a suit Under Section 13(1) (ia) & (ib) of the Act for dissolution of marriage. Of the suit the summons were not served in the ordinary manner as well as by the registered post. The registered envelope was received back with the postal endorsement of 'in complete address'. On the application of the respondent, under Order 5 Rule 20 (1-A) of C.P.C. the Court ordered for effecting service by way of publication. The publication was made in 'Daily Prasaran', wherein the date 22,1.1987 was fixed for hearing and appearance of the respondent. On 22.1.87 the Presiding Officer was on leave, theref