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PEARSON, N. R. CHATTERJEA
Subala Das – Appellant
Versus
Indra Kumar Hazra-Natabar Hazra – Respondent
JUDGMENT
1. The petitioner, who is the defendant No. 6 in a suit pending in the Subordinate Judge's Court at Howrah, examined a witness--Manada Dasi--from whom the petitioner claims to have derived title to the property in dispute. Manada was examined on commission and the opposite party, who is the plaintiff in the suit, put to her the question as to whether she was made pregnant by one Hari Das Ghose. Objection was taken to this question and the matter was brought before the Court. The learned Subordinate Judge held that it was a relevant question.
2. Against that order, the petitioner moved this Court and obtained this Rule.
3. It is stated that the question is insulting and scandalous. But the opposite party contends that it was put because the plaintiff's case was that the witness did not inherit the property by reason of her unchastity during the lifetime of her husband.
4. The form in which the question was asked does not show what period it referred to--whether the lifetime of the witness's husband, or after his death If the plaintiff's sue was that she did not inherit the property of her husband by reason of her unchastity during his lifetime, then the question would be releva
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