Ex Parte Decree -- Setting Aside -- Second Wife as Legal Representative
Where a husband obtained an ex parte divorce decree against his first wife and later solemnized a second marriage, and thereafter died, the second wife and children born from the second marriage were impleaded in the first wife's application to set aside the ex parte decree. Since the second wife was a stranger to the original proceedings, she could not be treated as a legal representative of the deceased husband. Consequently, the first wife could not prosecute her application for setting aside the decree against such persons as substitutes of the deceased. Application dismissed--Civil Procedure Code, 1908 -- Order 9 Rule 13.
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