appeal against setaside allowing order

Querist : Anonymous (Querist) 20 March 2010 This query is : Resolved
I got an exparte order on divorce but my wife has put an setaside petition for this.. I had filed an counter for this in the family court and after arguments the judge has allowed the setaside.. now I want to file an appeal against this in the High court... kindly let me know under which provision should the appeal be filed? is it CRP (PD) or CMA ... I have been a party in person for all the cases. Pl give me guidance on how to go about it.

Is an affaidavit telling all the details enough or shoud it be accompanied with seperate petition of grounds in the appeal?

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Raj Kumar Makkad (Expert) 20 March 2010
The law for setting aside ex-parte order is very liberal as it is demand of justice to decide any matter after hearing both the parties and court has done in your case. Even then it you want to file an appeal against this order then approach to High Court and has to file CMA.

Devajyoti Barman (Expert) 20 March 2010
You can file Revisional Application before the High Court either under 115 CPC or under Article 227 of the Constitution.

Kumar Thadhani (Expert) 20 March 2010
I DO AGREE WITH EXPERTS AS ABOVE.

Parveen Kr. Aggarwal (Expert) 20 March 2010
An appeal is a creation of statute and cannot be claimed as a matter of right. An application for setting aside ex parte decree of divorce can be said to have been filed under Order 9, Rule 13 of the Code of Civil Procedure, 1908. Order 43, Rule 1 of the CPC provides for appealable orders which does not include order allowing such an application. As such, appeal cannot be filed in such a case. Revision will be the only remedy.