PRAFULLA BALA BISWAS Vs. ILA DAS

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 31.7.87 passed by the learned Judge, 13 Bench, City Civil Court, Calcutta in Title Suit No. 634 of 1985 by which the learned Trial Judge dismissed the appellant-plaintiff's suit for declaration, as not maintainable in law.

(2.) The appellant-plaintiff is the mother of one late Santosh Kumar Biswas was an employee of Atomic Minerals Division, Department of Atomic Energy under the Government of India. The said Santosh Kr. Biswas died on 1.10.1984 while in service. The respondent-defendant Ila Das claims to be the widow of said Santosh Kr. Biswas. It is the case of the respondent-defendant that Santosh Kr. Biswas married her and the said marriage was solemnized under the Special Marriage Act, 1954 on 11th June, 1981 and the marriage certificate in respect of that marriage was also issued by the concerned Marriage Officer which is annexure-A to the plaint. Challenging the claim of the respondent-defendant Ila Das, the appellant-plaintiff filed the suit in March 1985 for a declaration that the plaintiff is the only legal heir of her deceased son Santosh Kumar Biswas and that the marriage solemnized on 11.6.81 under the Special Marriage Act between Santosh Kumar and the defendant was void abinitio and the certificate of marriage and the entries made in the register kept to the office of the Marriage Officer regarding the said marriage were of no effect and/or nonest and the defendant was not the wife of said Santosh Kr., since deceased. The plaintiff also prayed for further declaration that the defendant had no right title in respect of the estate left by the said deceased Santosh Kumar and also prayed for a permanent injunction restraining the defendant from realising and/or claiming any entitlement, that is, provident Fund, Employees Insurance Scheme, Pension or any benefit from the proforma defendant, Union of India or from anybody arising out of the death of the said Santosh Kumar, and also from claiming or declaring or giving out as the wife of said Santosh Kumar Biswas, since deceased.

(3.) The defendant filed written statement inter alia challenging that the suit was not maintainable and the plaintiff had no focus standi to file the suit. She claimed in her written statement that she was legally married wife of late Santosh Kumar Biswas and their marriage was duly solemnized and they led normal conjugal life to the knowledge of every body till the death of Santosh Kumar. The learned court below framed issues and then on the defandant's application, under Order 14 rule 2 CPC, took up issue No. 2 for hearing as a preliminary issue on the question of maintainability of the suit.