JUDGMENT

Chakravartti, J. - This suit, in the course of its progress, has undergone repeated changes of shape. It is a suit by a young lady, who describes herself as Musst. Rakeya Bibi and when she filed it originally on July 27, 1945, she simply asked for a declaration that her marriage with the Defendant Anil Kumar Mukherji stood dissolved. The ground relied on by her was that, since the marriage, she had embraced the religion of Islam and the Defendant, being called upon to do likewise, had failed and neglected to comply. The only fact pleaded regarding the Plaintiff's married life was that the marriage had not been consummated. Almost a whole year later, on July 22, 1946, an order was obtained for amendment of the plaint and the plaint was actually amended on January 10, 1947. By the amendment, the marriage became an "alleged" marriage and an additional case came to be made that it was "null and void" by reason of a circumstance now introduced. It was alleged that the marriage had not been consummated, because, at its date and all material times thereafter, the Defendant was impotent and consequently "incapable of consummating the marriage by carnal intercourse." As a result of