( 1 ) THIS appeal is directed against the judgment and order dated 31. 7. 87 passed by the learned Judge, 13 Bench, City Civil Court, Calcutta in Title Suit No. 634 of 1985 by which the learned Trial Judge dismissed the appellant-plaintiff's suit for declaration, as not maintainable in law.

( 2 ) THE appellant-plaintiff is the mother of one late Santosh Kumar Biswas was an employee of Atomic Minerals Division, Department of Atomic Energy under the Government of India. The said Santosh Kr. Biswas died on 1. 10. 1984 while in service. The respondent-defendant Ila Das claims to be the widow of said Santosh Kr. Biswas. It is the case of the respondent-defendant that Santosh Kr. Biswas married her and the said marriage was solemnized under the Special Marriage Act, 1954 on 11th June, 1981 and the marriage certificate in respect of that marriage was also issued by the concerned Marriage Officer which is annexure-A to the plaint. Challenging the claim of the respondent-defendant Ila Das, the appellant-plaintiff filed the suit in March 1985 for a declaration that the plaintiff is the only legal heir of her deceased son Santosh Kumar Biswas and that the marriage sol