An application under Order 9 rule 13 must in accordance with the bounds of Art. 164 of the Limitation Act 1908 be made within 30 days of the decree.

The two grounds on the basis of which an ex parte decree can be set aside under Order 9, Rule 13.

• That the summons was not duly served, or

• That the defendant was prevented by sufficient cause from appearing when the case was called on for hearing.

If either of these conditions is satisfied, the court must set aside the decree and where these conditions are not satisfied the decree cannot be set aside. This question has to be decided on the basis of evidence or affidavits

Section 15 of the Hindu Marriage Act, 1955, which states that when a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree, or if there is such a right of appeal, the time for appealing has expired without an appeal having been presented or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.