SUBHRO KAMAL MUKHERJEE, J.

( 1 ) THIS is an appeal by the defendant No. 1 against an order of remand passed by the lower appellate Court whereby the suit was sent back to the trial Court.

( 2 ) TITLE Suit No. 138 of 1984 was instituted by the plaintiff/respondent No. 1 for declaration and permanent injunction alleging that she was the legally married wife of Trebeni Rabidas, who was a railway employee. The marriage was solemnised on 7/06/1969 and after their marriage the plaintiff and her husband used to reside at 52, Bellilious Road, Howrah. The appellant/defendant No. 1 was the sister-in-law (elder brother's wife) of the said Trebeni Rabidas. The husband of the defendant No. 1 died long back and she used to reside at the house of the plaintiff at Howrah. Trebeni Rabidas was a habitual drunker and as such within few days of marriage he was seriously attacked with Tuberculosis. The plaintiff was, also, attacked with Tuberculosis and had to shift to her father's place for treatment. In the said circumstances, the defendant No. 1 took charge of cooking for Trebeni. On 7/10/1983 Trebeni Rabidas was admitted in railway hospital, Liluah and the plaintiff during the said illness of her

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