SUNIL KUMAR MUKHERJEE & ORS. Vs. MITA MUKHERJEE

JUDGEMENT

(1.) This is an application under section 115 of the C. P. Code directed against an order dated 31 8 8s of the Assistant District Judge of Asansol in M.S. no. 32 of 1984 by which the learned Judge has held the said suit to be maintainable in the Civil Court.

(2.) The plaintiff opposite, party Smt. Mita Mukherjee, had married the petitioner no. 2, Proloy Mukherjee in June 1981. The petitioner no. 1 Sunil Kumar Mukherjee, is the father of the petitioner no 2. The marriage has since been dissolved.

(3.) As per the revisional application the plaintiff, Mita Mukherjee has instituted the money suit against the petitioners for return of the dowries given by the father of the plaintiff at the time of her marriage with the petitioner no. 2, Prolay Mukherjee. The petitioners as defendants filed written statement in the suit, and at their instance the court heard three issues as preliminary issues. These issues are :