B JANARADHANA BHAT Vs. LALITHA

JUDGEMENT

(1.) This appeal by the husband is directed against the judgment and order dated 31-1-1981 passed by the I Addl. Civil Judge, Mangalore, in M. C., No. 9/78 on his file, dismissing the petition under 0. 7. R. 11, C P. C.

(2.) The husband instituted a petition for obtaining a decree that his marriage with the respondent in the petition was, a nullity as the respondent was -suffering from unsoundness of- mind and that. the marriage was brought about by practicing fraud on him by concealing such fact.

(3.) The case was registered at M. C No. 9/78 and notice was served on the respondent. On entering appearance for counsel filed , the statement, of objection and there after the matter was fixed a evidence. It was adjured from time to time for adducing evidence. on -30-9-1980 the husband's evidence was commenced before the learned Civil Judge. It continued on 1-10-1980, 28-10-1980. and 4-11-1980 and it Was further, adjourned for evidence an 11-4 -1980 on which date be learned Civil Judge stopped further evidence of the petitioner and issued notice to the petitioner why his petition should not be dismissed under 0. 7, Rule 11, C. P. C., and it was fixed for best hearing on 2-12-1986 on which date the Counsel appearing for. the petitioner husband -submitted to the Court that he bad no argument to advance since the Court had already made up its mind to reject the petition, Thereupon, the learned Civil Judge Proceeded to pass the impugned order on 31-1-1991rejecting the Petition of the husband for a decree- of annulment of the marriage. Aggrieved by the said judgment and order, the petitioner-husband has instituted like above appeal before this Court.