CPC — Order IX Rule 9 — Order VII Rule 11(d) — Hindu Marriage Act, 1956 — Section 13 — Rejection of plaint — Earlier divorce petition dismissed for default — Fresh HMOP filed on grounds of cruelty and desertion — Where allegations of cruelty and desertion are of continuing or recurring nature, cause of action continues to subsist and is not exhausted by dismissal of earlier petition for default — Subsequent divorce petition cannot be treated as barred under Order IX Rule 9 CPC even if founded on same grounds — Rejection of petition under Order VII Rule 11(d) is unsustainable — Trial Court erred in holding bar of law — Order set aside and HMOP directed to be numbered — Civil Revision Petition allowed. (Paras 8 to 12)

advocatemmmohan

CPC — Order IX Rule 9 — Order VII Rule 11(d) — Hindu Marriage Act, 1956 — Section 13 — Rejection of plaint — Earlier divorce petition dismissed for default — Fresh HMOP filed on grounds of cruelty and desertion — Where allegations of cruelty and desertion are of continuing or recurring nature, cause of action continues to subsist and is not exhausted by dismissal of earlier petition for default — Subsequent divorce petition cannot be treated as barred under Order IX Rule 9 CPC even if founded on same grounds — Rejection of petition under Order VII Rule 11(d) is unsustainable — Trial Court erred in holding bar of law — Order set aside and HMOP directed to be numbered — Civil Revision Petition allowed.
(Paras 8 to 12)