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1993 Supreme(Cal) 476

ANANDAMOY BHATTACHARJEE, NISITH KUMAR BATABYAL
Siba Prosad Basu – Appellant
Versus
Gouri Basu – Respondent


Advocates appeared:
Ashok Kr. Sengupta, Binayak Kr. Ghosal for the Appellant.
Tapan Kr. Dutta, Tarit Kr. Bhattacharjee for the Respondent.

JUDGMENT

NISITH KUMAR BATABYAL, J.

1. This appeal is directed against the judgment and decree dated 2.8.1978 passed in Matrimonial Suit No. 1 of 1977 by the Learned Additional District Judge, 3rd Court, Howrah dismissing the appellant's prayer for divorce. The matter has a chequered career. Against the judgment and decree of dismissal, an appeal was filed in 1979 in this Court. At the time of hearing of the appeal in 1991, a prayer was made for introduction of additional evidence under Order 41, Rule 27 C.P.C. The Learned Division Bench hearing the appeal by order dated 28.3.1991 directed that the evidence sought to be adduced by the plaintiff-appellant may be taken into account, if duly proved, in order to come to a final decision. Accordingly, the application was allowed and the learned Lower Court was directed to take the additional evidence as mentioned in the petition of the appellant and to send the same to this Court within a fixed time-frame as the case was pending since 1977. The learned Court below by order no. 110 dated 13.9.1991 sent the records to this Court after complying with the direction of this Court.

2. The case of the husband-appellant is that the parties were mar


























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