Code of Civil Procedure, 1908–Order 9, Rule 13–Hindu Marriage Act, 1955–Sec. 13–Rejection of the application for setting aside the ex parte judgment and decree–Justification–Provisions with regard to service of summons as mentioned in CPC are attracted for regulating the service of summons before the Family Courts also–Summons to appellant-husband were sent on an uncomplete address–There are more than one villages in District Udaipur having the name of Batheda, a reasonable doubt would arise with regard to veracity of effectuation of service of summons upon the appellant without there being complete address on the summons–Appellant disputed his signatures on the summon served through the process server to be forged–The endorsement on the summon ‘ leu udysa izkIr gqbZ’ has apparently been drawn in the same handwriting in which the process server has written his report–Grave suspicion over the manner of service–Merely on account of the fact that the appellant did not produce any oral evidence to support his application under Order 9, Rule 13 r/w. Sec. 151 would not be the only ground to non-suit him–Impugned order is liable to be quashed and set aside–Family Court is directed to decide the application u/s. 13.
