Dipankar Datta, J.

1. The judgment and decree dated April, 2003 passed by the learned Additional District Judge, 2nd Court, Hooghly in Matrimonial Suit No.322 of 2007 is under challenge in this first appeal. The suit, which had been instituted by the respondent for dissolution of marriage, was decreed by the learned judge on the ground of irretrievable break down of marriage although the respondent had sought for divorce on the ground of cruelty and desertion.

2. At the time of hearing of the appeal, Mr. Chatterjee, leaned senior advocate for the respondent submitted that he had presented a cross-objection urging that the suit ought to have been decreed on the grounds set out in the plaint. He further submitted that even if we were minded to hold that the marriage could not have been dissolved on the ground of its breaking down irretrievably, the ground of cruelty and desertion ought to be considered.

3. On perusing the order-book of this appeal, we noticed that the respondent entered appearance through his learned advocate at the initial stage when the application for stay was considered by a coordinate Bench. He had also been represented by his learned advocate when a coor