Execution case filed by wife with duplicate address.

Rajesh Kumar (Querist) 24 March 2015 This query is : Resolved
A wife put up the case of execution on her husband with duplicate address and her husband ex-parte already in section 125.husband post registred letters on the address that she given in the execution case and the letters came back with the statement as wrong address and no such person on this address.can husband take any action in the same court or in upper court.plz give a suitable reply.

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venkatesh Rao (Expert) 24 March 2015
he can file review application in the same court for setting aside the exparte order, of course, subject to limitation.

Dr J C Vashista (Expert) 25 March 2015
Vague query with incomplete facts.
Get the ex-parte order against the husband set-aside at the address mentioned by his wife in the application u/s 125 and EP.
If the notice is returned unclaimed and/or no such person resides at the address get it served through executing court on next date.
Alternatively, apply for substituted service u/o V R 1 CPC.