[PRIVY COUNCIL.]

Present: Viscount Haldane, Lord Blanesburgh, and Lord Darling.

ELIATAMBY v. ELIATAMBY et, al.

260-D. C. Colombo, 5,083.

    Divorce-Evidence of adultery-Undelivered letters from wife-Evidence against co-respondent-Evidence Ordinance, No. 14 of 1895 s. 9,

In an action by a husband for divorce, letters written by the wife to the co-respondent but not delivered to him, are not admissible against the co-respondent.

The fact that the co-respondent's Counsel has based questions in cross-examination upon the contents of the letters, which had been properly admitted against the wife, does not make the letters evidence against the co-respondent.

APPEAL from a judgment of the Supreme Court. The action was brought by the plaintiff for divorce from his wife the first defendant on the ground of her misconduct with the second defendant. The first defendant filed answer denying adultery. This answer she later withdrew. The second defendant also denied adultery. The District Judge found that there was evidence of adultery against the first defendant, but not against the second defendant. He entered a decree dissolving the marr