RAJIB NANDY Vs. SOHAGI DUTTA

JUDGEMENT

(1.) THIS application is at the instance of the defendant and is directed against the order no.24 dated January 5, 2011 passed by the learned Judge (Junior Division), Baruipur in Title Suit No.147 of 2009 thereby rejecting an application under Order 6 Rule 17 of the C.P.C. filed by the defendant.

(2.) THE short fact is that the plaintiff/opposite party herein instituted a suit for declaration that the marriage between the parties registered on June 18, 2009 is null and void and other consequential reliefs against the petitioner herein before the learned Judge (Junior Division), Baruipur. THE defendant/petitioner herein entered appearance and he is contesting the said suit. THE suit was at the stage of recording evidence and the P.W.1 was examined on three occasions.

(3.) THE major amendment has been sought for in paragraph no.8 of the written statement after the line no.14. By the proposed amendment, the defendant has wanted to say that the parties to the suit are known to each other for a consideration period as being neighbours. THE plaintiff and the defendant gradually attracted each other and in course of time, physical relationship grew up between them. THE father of the defendant passed away long time back and the defendant is the earning member of his family. THE father of the plaintiff was quite aware of the fact that the plaintiff and the defendant were in likening each other. THE plaintiff, her father and other members of their family asked the defendant and threatened that they will ruin his life by making false complaint before police for physical relationship, etc. unless the defendant put his signature on several blank papers and also on some other papers which are partly written and partly printed. And that the defendant had no other alternative but to put his signature at the foot of those blank papers under duress.