The petitioner is the defendant in the suit filed by the respondent in O.S. No. 278 of 2002. Pending that suit, the petitioner herein has filed I.A. No. 546 of 2002 under Order VII Rule 11 CPC to reject the suit filed by the respondent. The said I.A. No. 546 of 2002 was dismissed by the court below, hence this revision.

2. The respondent herein has filed O.S. No. 278 of 2002 before the Subordinate Judge, Erode for a declaration to declare the decree of divorce passed by the Sheriffdom of South Stratheclyde Dumfries and Galloway at Dumfries Court, Scotland in F. 164/01 for divorce seeking to dissolve the marriage between the respondent and the petitioner as ultra vires, unsustainable, illegal, unenforceable and without jurisdiction; and for a consequential injunction restraining the petitioner herein from enforcing the said decree or claim any rights under the said decree either by seeking to take a second wife or otherwise.

3. The case of the respondent as contained in the plaint is as follows:-

The respondent and petitioner are Hindus by birth and are domiciled in India at the time when their marriage was solemnised according to Hindu rites and customs on 01-03-1996 at E