- (1.) THIS revision is directed against an order passed in appeal under Order 43, Rule 1, Civil P. C.
(2.) A husband filed a petition for judicial separation in the court of the Civil Judge, Dehradun. An objection was taken by the wife to the effect that the Dehradun court had no jurisdiction as the marriage was performed in Delhi and the parties had also last resided in Delhi. The trial court on a consideration of the evidence led by the parties held in favour of the defendant and directed the return of the plaint for presentation to the court in Delhi. Against this order an appeal was filed and the appellate Court reversing the finding of the trial court held that the parties had last resided together in Dehradun and not in Delhi. On this finding it held that the Dehradun court had jurisdiction and directed the case to proceed in that court. The defendant has filed this revision against that order.
(3.) LEARNED counsel for the applicant has contended that the finding of the learned, Judge both on the question of the parties' last residence in Dehradun and about their non-residence in Delhi are erroneous.;