Judgment-

J. L. KAPUR

( 1 ) THIS is an appeal with a certificate under S. 56 of the Indian Divorce Act (IV of 1869) (hereinafter called the Act) against a judgment and decree dated 21/07/1954, of the High Court of Patna dismissing the husbands suit. The husband who is the appellant sued his wife who is respondent No. 1 for dissolution of marriage on the ground of her adultery with two co-respondents now respondents Nos. 2 and 3. The suit was tried in the High Court by shearer, J. , who dismissed the suit and this decree was on appeal confirmed by the Appeal Court. The question as to the legality of the certificate granted was raised but in the view that we have taken it is not necessary to decide this question.

( 2 ) THE husband was married to the wife at Kharagpur on 3/02/1943, and there is no issue of the marriage. The parties thereafter resided at "rose Villa" at Samastipur and respondent No. 2 was residing with his mother in an adjoining house called "sunny Nook". The husband alleged various acts of adultery between the wife and the other two respondents. As regards allegations of adultery of the wife with respondent No. 3, the High Court has found against the husband and these f