Notices were not issued at her personal address

Order 9, Rule 13 and Order 9, Rule 6 CPC Application for setting aside exparte decree in Matrimonial proceedings was dismissed Held that notice issued on 03.07.2017 was returned back to Family Court with a note of refusal to accept Court ordered fresh notice Deposition of wife, appellant herein, would show that notice was issued on her address where she worked and at that address it was not allowed to accept personal notice - Notices were not issued at her personal address Hence, presumption of duly service of notice cannot be drawn - De novo ex parte proceedings could not have been drawn Hence, impugned order is set aside Appeal allowed. [ Paras 8 to 12]

Mahima vs Gaurav FMMAT 38/22 20/06/22 [ RAJANI JJ ]

[ CHHATTISGARH HIGH COURT ]