HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 1226 of 2009 Date: 16-12-2010 Between: Smt. B. Laxmi ………… Petitioner And B. Baswaraj …… Respondent HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 1226 of 2009 ORDER: Heard both sides and at their request the main Revision Petition itself is taken up for disposal. The petitioner is the wife who invokes the jurisdiction of this Court under Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the order in dismissing the application in I.A.No.159 of 2008 in O.P.No.58 of 2005 on the file of the Senior Civil Judge at Zaheerabad, dated 28-01-2009, wherein the petitioner sought for condonation of the delay in filing the application to set aside the ex parte decree. The case of the petitioner in brief was to the effect that there was no proper service of notice and therefore, she should not have been treated as ex parte and the Court below should have given opportunity for her to contest the matter. Contesting the same, the case of the respondent was that of denial. The Court below, while taking into account the facts and circumstances, did not find favour with the petitioner and dismissed the application. Hence, the Revision. Having heard the learned counsel on either side and on perusal of the material, even though several contentions are sought to be placed before the Court, the fact remains that in the matrimonial matters of this nature, normally the endeavour should be to see that the proceedings are conducted by providing due opportunity to both sides rather than allowing one side order. The Rules of procedure are to aid the parties, but not to punish them. Irrespective of the facts and circumstances, it necessarily follows that the Court should make an endeavour to see that the orders are passed after contesting on merits. In the circumstances, the Civil Revision Petition is allowed. The order in I.A.No.159 of 2008 is set aside and the said I.A. is allowed. Consequently, the petition filed to set aside the ex parte decree also stands allowed. The petitioner is directed to file counter within a period of six weeks from today in the Court below. The lower court shall take up the main proceedings and dispose of the same on merits in accordance with law. Both the parties are at liberty to adduce all such evidence and the pleas before the Court below and the same shall be considered on merits. No order as to costs. _________________ B. PRAKASH RAO, J Date: 16-12-2010 YCR