( 1 ) THE petitioner was the defendant in Original Suit No. 132/55 on the file of the Munsiff, Civil station, Bangalore, the Respondent was the plaintiff in that suit. The suit was for the recovery of a sum of Its. 896/- alleged to he due under a pronote executed by the defendant. In his written statement, the defendant alleged the payment of certain amounts on certain specified dates and pleaded that the debt due under the suit pronote had been discharged. An issue had been framed as to whether the discharge pleaded was true and the suit had been posted for evidence. Thereafter, the application I. A. No. II was filed by the defendant, purporting to he under Section 12 of the Indian Oaths Act, slip-ported by an affidavit stating that if the plaintiff should take a special oath in St. Mary's Church, at the Pulpit, in the presence of the Chief Priest that the amounts as set out in para 2 of the written statement had not been received by him (the plaintiff), then a decree might be passed against the defendant. As can he seen from the order sheet dated 13-8-1956, the plaintiff agreed to take such an oath and a Commissioner was appointed by the learned Munsiff to administer the oath. A

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