( 1 ) THE plaintiff instituted the suit in the form of an application under S. 10 or S. 23 of the Indian Divorce Act, 1869 whichever will be applicable in the present case.

( 2 ) THE cause of making such alternative relief is that the husband/petitioner made out case of adultery as well as physical and mental cruelty or desertion simultaneously as against the wife.

( 3 ) THE petitioner/husband served a notice of making this application and filed the Affidavit-of-Service along with other incidental papers to establish that service was effected upon the respondent. In addition thereto, he produced a certificate issued by the Deputy Registrar, Original Side of this Court wherefrom it appears that the respondent did not appear either in person or by Advocate. Let the Affidavit-of-Service and other incidental papers along with the Certificate issued by the concerned Deputy Registrar be kept with the record.

( 4 ) SINCE no denial was there, I was inclined to proceed on the basis of Order 8, Rule 5 of the Code of Civil Procedure but Mr. K. S. Roy, learned Senior Counsel with the able assistance of Ms. Swapna Mukherjee learned counsel appearing with him, contended that