MAITREYEE BANERJEE Vs. PRABIR KUMAR MUKHERJEE

JUDGEMENT

(1.) This is an application under Sec. 24 of the Code of Civil Procedure for transfer of the Matrimonial Suit No. 36 of 1977 pending before Sri A. K. Bhattacharjee, Additional District Judge, 8th Court at Alipore to the court of some other Additional District judge for hearing and disposal.

(2.) The circumstances of the litigation between the parties out of which the said application arises may be briefly stated. In June 1977 the petitioner then an alleged minor filed Matrimonial Suit No. 36 of 1977 through her father as next friend against the respondent under Sections 24 and 25 of the Special Marriage Act, 1934 praying, inter alia, that the purported marriage between the parties be declared null and void and be annuled by a decree of nullity as the consent to the said marriage had been procured by force and fraud. The respondent filed written statement to contest the suit. In Jan. 19713 the petitioner alleging that she had attained majority elected to proceed with the suit. On 4.7-1979 the petitioner applied for amendment of the plaint to include particulars of fraud and coercion practised on her to obtain her consent to the marriage and an averment that the respondent had recurrent attacks of epilepsy. When the said application for amendment was pending for order Sri. B.K. Datta, the then Additional District judge presiding over the 8th Court made an attempt on 14-7-1979 to bring about reconciliation between the parties and recorded the order No. 44 dated 14-7-1979 as follows :

(3.) On 20-11-79 after hearing the parties the said learned Additional District judge passed order allowing the petitioner's application for amendment of the plaint. In Revision the High Court reversed that order. The Supreme Court by its order dated 23-2-1981 restored the order of the trial court allowing the amendment subject to payment of cost of Its. 2,000.00 by the petitioner to the respondent within a month from that date. In July 1981 Sri. A.K. Bhattacharjee became the presiding officer of the 8th Court of Additional District judge at Alipore and started dealing with the suit. On 5-1-1982 the respondent filed a petition for leave to deliver certain interogatories to the petitioner. The learned judge after hearing the parties rejected the said petition by his order dated 22-1-82. Thereafter on the respondent's prayer the learned judge allowed time till 6.4-82 to bring stay order from the High Court and in default, fixed the suit for peremptory hearing on 6-4.82. Thereafter as no stay order was brought by the respondent the learned judge recorded the following order No. 96 dated 6-4-82.