JUDGMENT

Greaves, J. - The petitioner, Birendra Kumar Biswas, asks that his marriage with the respondent, Hemlata Biswas, may be declared null and void on the ground that the respondent had been from before the marriage suffering from a loathsome disease of syphilitic origin alleged to be incurable and contagious, in consequence whereof she is said to be unable to consummate the marriage, and the petitioner alleges that the marriage was brought about fraudulently and that all information with regard to the disease was concealed from him.

2. The suit was heard by Mr. Justice Fletcher on the 31st March 1919 and he dismissed it with costs; against the decree of the dismissal the plaintiff preferred an appeal and on the 31st May 1920 the case was remanded by the Appeal Court to this Court for re-trial.

3. It was suggested by Counsel for the parties before me that the evidence taken before Mr. Justice Fletcher should be treated as evidence before me and that the parties would submit themselves for further cross-examination if either Counsel desired to cross-examine further and that either side should be at liberty to adduce any additional evidence if they so desired. I agreed to this cours