1. The applicant Hariram has filed this application against the order of the Assistant Judge, Nagpur, in Civil Appeal No. 200 - A of 1960, rejecting his appeal against an order under O.7, R.10, Civil Procedure Code , by which the Civil Judge, Senior Division, Nagpur returned his petition for granting a decree of divorce under S.13 of the Hindu Marriage Act for presentation to proper Court.

2. No appearance is put in on behalf of the opponent though names of two counsel are shown as having entered appearance on behalf of the opponent. Shri R. N. Deshpande, an Advocate of this Court, intimated at the commencement of the hearing that Shri K. S. Mishra was in charge of the case and he had no instructions. I have declined to adjourn the hearing as the case was posted as first case on today's board of which notice was duly given in the Daily Board.

3. The case of the applicant is that he was married under Hindu law to the opponent Shrimati Jasoti in August 1944 at Karachi in Sindh before the partition. There is no doubt that Karachi is now a part of Pakistan and therefore a foreign territory. The allegation in the plaint is that about six months prior to the partition, the applicant disco