V.K. Agrawal, J.

1. By the impugned order, application under Order 9, Rule 13 of C.P.C., for setting aside the decree of divorce granted in Civil Suit No. 161-A/96, was allowed and the said suit was directed to be heard bi parte.

2. The petitioner/husband had filed a petition registered as Civil Suit No. 161-A/96 against the respondent/wife. Service report of summons of the said petition on the respondent /wife indicated that she refused to take summons. The Trial Court after recording evidence led by the petitioner/husband passed an ex parte judgment and decree of divorce.

3. The respondent/wife filed an application under Order 9, Rule 13 of C.P.C. for setting aside the ex parte judgment and decree making an averment that the summons was never tendered to him, and that she never refused to accept the same.

4. The learned Trial Court after recording evidence on the said application found that the averments made by the respondent/wife that the summons was never tendered to her and that she did not refuse to accept the same, appear to be acceptable and, therefore, set aside the ex parte judgment and decree and ordered the trial to proceed bi parte.

5. The learned Counsel for the peti