Prasanta Kumar Deka, J.

Heard Mr. P. Mahanta, the learned counsel for the appellant. Also heard Mr. M. K. Choudhury, the learned senior counsel assisted by Mr. A. Barkataki, the learned counsel for the respondents.

2. This second appeal is preferred by the defendant/appellant No.1 thereby impugning the judgment and decree dated 15.09.2016 passed in Title Appeal No.3/2016 by the learned Civil Judge, Tinsukia. The said First Appellate Court's judgment arose out of the judgment and decree passed in Title suit No.18/2013 passed by the learned Munsiff No.2, Tinsukia dated 23.12.2015. The plaintiff/respondent filed the suit for declaration of the marriage dated 22.02.2013 between the defendant and the proforma defendant is illegal, null and void amongst other reliefs including permanent injunction against the present defendant/appellant. The proforma defendant is also the husband of plaintiff/respondent and she is the first wife. The suit was resisted by the defendant/appellant by stating that the suit is not maintainable in the Court of the learned Munsiff inasmuch as the marriage between the defendant/appellant and the proforma defendant was solemnized under the Special M