BISWADEV ROY ALIAS BISWADEV MAHADEV PRASAD ROY Vs. SUCHARITA ROY ALIAS SUCHARITA BISWADEV ROY ALIAS SUCHARITA

JUDGEMENT

(1.) THIS civil revision is directed against the order dated 8 -7 -1999 passed by 5th Additional Judicial Commissioner, Ranchi in Matrimonial Title Suit No. 59 of 1996, whereby he has rejected the application filed by the petitioner to pass necessary orders and to proceed with the hearing of the suit without waiting for the reconciliation.

(2.) THE facts of the case lie in a narrow compass. The plaintiff -petitioner filed Matrimonial Title Suit No. 310 of 1995 in the Court of District Judge, Alipore, 24 Parganas, West Bengal, which was, on the application of the defendant -opposite party before the Hon'ble Supreme Court of India, transferred to the Court of Judicial Commissioner, Ranchi, by order dated 8th April, 1996 passed in Transfer Petition (C) No. 598 of 1995. The said Matrimonial Suit was renumbered and registered as Matrimonial Title Suit No. 59 of 1996 in the Court of Judicial Commissioner, Ranchi and was subsequently transferred to the Court of 5th Additional Judicial Commissioner, Ranchi for disposal.

(3.) MR , M.M. Banerjee, learned Counsel appearing for the petitioner assailed the impugned order as being illegal and amounts to failure in the exercise of jurisdiction. Learned Counsel submitted that the Court below failed to take into consideration that the petitioner was well represented before the Court through his lawyer who is also holding a power of attorney. Learned Counsel submitted that admittedly the petitioner has been permanently residing in U.S.A. and his personal appearance in the Court is not practicable possible and the petitioner repeatedly refused for any reconciliation. The learned Counsel submitted that when both the parties have repeatedly, by affidavits submitted in Court, refused reconciliation then the Court should have proceeded for disposal of the suit on the basis of the mutual petition filed by the parties.