1. This is a husbands appeal against the order of the trial Court dismissing his divorce petition against the wife u/s. 13 of the on the ground of adultery. The intruding male had been impleaded as a co-respondent in the case.

2. The co-respondent Shri Madan Lal, Assistant Sub-Inspector in Delhi Police has died during the pendency of this appeal, filed in 1967. The counsel for the parties have not been able to give me the exact date of his death though it is conceded that it had taken place more than three months ago and that no steps have been taken within the time allowed by law for bringing his legal representatives on record. The trial Court had found that the respondents had been living in adultery as alleged by the husband but that the latter had condoned these acts of adultery and had thereby disentitled himself to any relief. The co-respondent Shri Madan Lal A. S. I. had put in appearance in the Court below and had filed a written statement contesting the allegations of adultery made against him. He had in fact claimed special costs u/s. 35A of the Code of Civil Procedure pleading that the allegations were frivolous and vexatious and had been made to harass him. He