1912 Present: Ennis J.

CORNELIS v. LORENSIA.

78-D. C. Galle,242

Suit for rectifying register of births-Civil proceeding-Appeal-Evidence Ordinance, s. 120-Non-access-Ordinance No. 1 of 1895.

A proceeding Tinder Ordinance No. 1 of 1895 for rectifying the register of births is in the nature of a civil suit; it is only the procedure of appeal which is to be considered on the lines of an action under the Criminal Procedure Code.

The evidence of the husband or wife as to non-access is admissible in a suit of this kind.

THE facts appear from the judgment.
 

E. W. Jayewardene, for petitioner, appellant.-The child is clearly not the petitioner's child. The presumption in law would be that the child was born after the full period of gestation of nine months. Taking the woman's own evidence, the child could not be the child of the petitioner.

This proceeding under Ordinance No. 1 of 1895 is a civil proceeding, and the evidence of the husband and wife to prove non-access is admissible under section 120 of the Evidence Act. (Wickremenayake v. Perera.1[(1908) 11 N. L. R. 171.]) The application for rectification of the register is of a civil natur