Amitabha Dutta, J. - (1.) This is an application under Section 24 of the Code of Civil Procedure for transfer of the Matrimonial Suit No. 36 of 1977 pending before Sri A. K. Bhattacharjee, Additional District Judge, 8th Court at Alipore to the court of some other Additional District judge for hearing and disposal.
(2.) The circumstances of the litigation between the parties out of which the said application arises may be briefly stated. In June 1977 the petitioner then an alleged minor filed Matrimonial Suit No. 36 of 1977 through her father as next friend against the respondent under Sections 24 and 25 of the Special Marriage Act, 1934 praying, inter alia, that the purported marriage between the parties be declared null and void and be annuled by a decree of nullity as the consent to the said marriage had been procured by force and fraud. The respondent filed written statement to contest the suit. In January 19713 the petitioner alleging that she had attained majority elected to proceed with the suit. On 4.7-1979 the petitioner applied for amendment of the plaint to include particulars of fraud and coercion practised on her to obtain her consent to the marriage and an averment that the respondent had recurrent attacks of epilepsy. When the said application for amendment was pending for order Sri. B.K. Datta, the then Additional District judge presiding over the 8th Court made an attempt on 14-7-1979 to bring about reconciliation between the parties and recorded the order No. 44 dated 14-7-1979 as follows : "Both parties present by filing haziras. Their lawyers are also present. Heard the learned lawyers of both sides. Also heard the parties separately in my chamber as the petitioner expressed her unwillingness to be heard jointly in my chamber. I personally made attempts for reconciliation but the attempt failed. Put up on 27-7-79 for hearing of the amendment petition. Sd/- B.K. Dutta Additional District judge".
(3.) On 20-11-79 after hearing the parties the said learned Additional District judge passed order allowing the petitioner's application for amendment of the plaint. In Revision the High Court reversed that order. The Supreme Court by its order dated 23-2-1981 restored the order of the trial court allowing the amendment subject to payment of cost of Its. 2,000/- by the petitioner to the respondent within a month from that date. In July 1981 Sri. A.K. Bhattacharjee became the presiding officer of the 8th Court of Additional District judge at Alipore and started dealing with the suit. On 5-1-1982 the respondent filed a petition for leave to deliver certain interogatories to the petitioner. The learned judge after hearing the parties rejected the said petition by his order dated 22-1-82. Thereafter on the respondent's prayer the learned judge allowed time till 6.4-82 to bring stay order from the High Court and in default, fixed the suit for peremptory hearing on 6-4.82. Thereafter as no stay order was brought by the respondent the learned judge recorded the following order No. 96 dated 6-4-82. "96. Dated : 6.4-82. Respondent files hazira. Petitioner files hazira at 2.10 P.M. The learned advocate for the respondent submits that the suit should be dismissed under Or. 9 R. 8 C.P.C. The submission is, however, opposed by the lawyer's petitioner who submits that they appeared before the judge in time when he was presiding over District Judge's Court, Considered. The prayer for dismissal of the suit is rejected. This suit is being contested tooth and nail. I find that once before an attempt for reconciliation was made by my predecessor but it failed. After considering the facts of the case I think another attempt should be made for reconciliation for the ends of justice. Today I had taken up the files of the District judge and there is hardly any time to take up the matter. So when the suit is being adjourned, let there be a further attempt for reconciliation. Fix 24-4.82 for reconciliation. Parties to remain present personally on that day. Sd/- A. Bhattacharjee. Addl. District Judge." The next four orders which are also relevant are as follows : "97. Dated 24-4-82. Both parties are ready. The parties attend personally and reconciliation proceeding is conducted in my chamber. The reconciliation matter, host ever, fails. Fix 5.5-82 for inspection of the documents filed by the respondent. Sd/. A. Bhattacherjee. Addl. District judge. 98. Doted : 5-5-82. Respondent files a list of documents without documents. Copy served and objected to. Let it be kept with the record. Petitioner files a petition for adjournment of the case for purpose of inspection of the document on the grounds stated therein. Copy served and objected to. Heard. The matrimonial suits are required to be disposed of within 6 months, but this suit has been going on for the last 5 years. Hence no further time will be allowed to make the life of the suit longer. The suit be fixed for P. hearing on 12-7-82. Inspection may be completed in the meantime. Sd/- A. Bhattachar jee Addl. District Judge. Seen. Sd/- T.K. Banerjee. Advocate. 5-5.82. 99. Dated : 12-7-82. Respondent files hazira. Petitioner files a petition alongwith a medical certificate praying for an adjournment of hearing of the suit on the ground that she is ill. Copy served and objected to, endorsed on the petition, Heard. The prayer is allowed in the circumstances stated. Let the suit be adjourned to 4-8-82 for P. H. as last chance. The petitioner to pay Rs. 100/- as costs (C. P.) Sd/- A. Bhattacharjee Addl. District judge. 100. Dated 4-8-82. Respondent files hazira. Petitioner files a petition praying for an adjournment of hearing of the suit on the grounds stated therein. Copy served and objected to endorsed on the petition. Heard both parties. The prayer appears to be genuine one and is allowed. To 16-8-82 for P. H. No further time will be allowed. Sd/- A. Bhattacharjee Addl. District judge.";