( 1 ) THIS appeal under Order 43 Rule 1 of C. P. C. has been filed by the plaintiff / appellant in the trial Court from the judgment and order dt. 13-8-1997.

( 2 ) THE facts of the case in brief are that, the present plaintiff / appellant filed the suit for declaration that she is the legally wedded wife of deceased S. Narayanaswamy and she is entitled to receive the benefits of family pension and other monetary benefits of the deceased S. Narayana Swamy. She also prayed for a decree for injunction against the defendant No. 3 i. e. , the present respondent No. 1 prohibiting and restraining up her withdrawing any of aforesaid benefits. The defendants No. 1 and 2 to the suit namely, the Secretary of the Karnataka Electricity Board and the Assistant Executive Engineer, Karnataka Electricity Board, filed joint written statement, whereas the 3rd defendant, who is present respondent No. 1, filed a separate written statement.

( 3 ) THE plaintiff / appellant asserted herself to be the legally wedded wife of Sri S. Narayana Swamy, an Assistant Lineman in the Karnataka Electricity Board, who had died on 28-1-1992. According to the plaintiff / appellant, she got two children