The court below has committed a manifest error of law and fact to reject the application of the applicant-appellant under Order 9, Rule 13 CPC - Impugned order set aside - Appeal allowed. (Allahabad High Court)

Hindu Marriage Act, 1955 Section 13B Civil Procedure Code, 1908, Order 9, Rule 13 - Recall application - Applicant-appellant/wife was not aware of the judgement and decree of divorce under Section 13B of the Act - Neither any summon was issued to the appellant nor alleged application under Section 13B was supported by an affidavit of the appellant - Said judgement is an ex-parte judgement - Appellant has not given her consent for divorce under Section 13B of the Act - Therefore, the court below has committed a manifest error of law and fact to reject the application of the applicant-appellant under Order 9, Rule 13 Civil Procedure Code - Impugned order set aside - Appeal allowed. (Allahabad High Court)