( 1 ) THE petition from which this appeal arises was instituted by the appellant Prajapati Ganesh Idaji against his wife Hastuben Hemraj - the respondent in the City Civil Court at Ahmedabad for obtaining a decree for the annulment of his marriage with Hastuben which had taken place on 28th February 1960 under sec. 12 (1) (a) of the Hindu Marriage Act 1955 hereinafter to be referred to as the Act inter alia alleging that she was impotent at the time of the marriage and has continued to be so until the institution of the petition. The opponent respondent resisted the petition inter alia contending that the allegations of impotency made against her were false and that since the petitioner thought that she will not be able to bear any children he has filed this petition by making false allegations with a view to obtain divorce from her.

( 2 ) THE learned Judge of the City Civil Court raised the issue as to whether the respondent was impotent at the time of marriage and continued to be so until the institution of this petition so as to enable the petitioner to obtain decree for annulment of his marriage with her under sec. 12 (1) (a) of the Act. In his opinion while at