Hindu Marriage Act, 1955–Sec. 13–Code of Civil Procedure, 1908–Order 9, Rule 13 r/w. Sec. 151–Limitation Act, 1963–Sec. 5–Application for setting aside the ex-parte decree of divorce–Rejection of–Application for condonation of delay was also dismissed–Proceedings initiated before the District Court
Sirohi were transferred to Family Court Sirohi and service of notice was treated to be complete by the family Court on the ground of endorsement of refusal on the regd, post–Notice could not have been sent to appellant straightway by regd. post, ignoring the order already passed by the District Court–Further, the endorsement of refusal does not contain the signatures of postman–Court below committed the serious error in rejecting the application u/s. 5 as well as the application under Order 9, Rule 13.
