V.K. Bist, J.— A divorce suit was instituted on 4.4.2011 by the appellant in which summon was issued to the respondent fixing 28.5.2011. As respondent was not present, the Court again issued summon to the respondent fixing 4.7.2011. That day also the respondent was not present. The appellant filed an application for service of summon upon the respondent through publication. The same was allowed fixing 5.9.2011. The summon was published in the daily newspaper, namely, Shikhar Sandesh on 6.7.2011. On 5.9.2011, appellant was present with his counsel, but the respondent was absent and 12.9.2011 was fixed. On 17.9.2011 due to absence of the respondent, the Court passed an order to proceed ex-parte fixing 17.9.2011. Ex-parte hearing was done on 17.9.2011 and judgment was delivered same day. The Family Court allowed the application under Section 13 of the Hindu Marriage Act and the marriage held on 23.11.2005 between the parties was dissolved by a Decree of Divorce. Thereafter on 1.11.2011, an application under Order 9 Rule 13, read with Section 151 of CPC and Section 5 of the Limitation Act was filed by the respondent for setting aside the ex-parte judgment and decree date