It is true that in the written statement the claim was not made by the defendant that the wife was in a fiduciary relationship with her husband and on that score the learned Advocate on behalf of the appellant submitted that this ground cannot be taken up by this court. I am sorry to say that this being one legal question it is immaterial whether it was urged in the pleading. Thus, the argument of Mr. Chatterjee on this point is not convincing to this court and answered in the negative.
IN THE HIGH COURT OF CALCUTTA
S.A. 577 of 2008
Decided On: 02.09.2016
Debika Chakraborty Vs. Pradip Chakraborty
Hon'ble Judges/Coram:
Indrajit Chatterjee, J.
Citation: AIR 2017 Calcutta 11
