1946  Present: Howard C. J.

RANASINGHE, Appellant, and SIRIMANNA, Respondent.

76- M. C. Chilaw, 23, 343.

Evidence Ordinance, s. 112- Meaning of ?access to the mother? ? Legitimacy of child born during subsistence of marriage.

The word ?access? in section112 of the Evidence Ordinance means no more than opportunity of intercourse.

Per HOWARD C. J. ??in view of this decision [Karapaya Servai v. Mayandi A. I. T. 1934 P. C. 49] the judgment of the Full Bench in Jane Nona v. Leo (25 N. L. r. 241) that the word ?access? in section 112 of the Evidence Ordinance is used in the sense of ?actual intercourse? and not ?possibility of access? or ?opportunity for intercourse? can no longer be regarded as binding authority?.

APPEAL from a judgment of the Magistrate?s Court of Chilaw.

              H. W. Jayewardene, for the defendant, appellant.

              No appearance for the applicant, respondent.

Cur. adv. vult.

March 18, 1946. HOWARD C.J.-
   
The appellant in this case appeals from a judgment of the Magistrate?s Court of Chilaw holding that he is the father of the children (1) Ethelreda, (2) Hector, and (3) Alreda and direction him to pa