CAV Order

1. Appellant has filed this appeal under Order 43 Rule 1 (d) of the Code of Civil Procedure, 1908 (hereinafter referred as C.P.C.) questioning legality and sustainability of the impugned Digitally order dated 06.05.2019 whereby learned Second Additional signed by SHAYNA KADRI District Judge, Bilaspur has dismissed the application filed under Order 9 Rule 13 read with Section 151 of C.P.C..

2. Facts relevant for disposal of this appeal are that appellant had submitted an application under Order 9 Rule 13 of C.P.C. pleading therein that she was married in the year 1987 with Maninder Singh Bakshi. After marriage, she is residing at Bhopal in her matrimonial home on the address – 11, Bright Colony, Idgah Hills,Opposite St. Joseph’s Convent School, Bhopal, Madhya Pradesh, 462001. Address of petitioner in the passport as also voter ID card, Bhopal is mentioned. During life time of her father, she was given property, a flat, which is at Vidya Apartment constructed on 801 square feet of land. Notice of Civil Suit No. 41-A/2015 was not served upon her on her address at Bhopal and she was proceeded ex-parte. Ex- party judgment and decree also was passed against her. Judgment and decr