IYANOHAMY v. CAROLIS APPU

IYANOHAMY v. CAROLIS APPU

P. C., Balapitiya, 20,312.

Procedure-Ordinance No. 9 of 1895, a. 9-Oath proposed by complainant- Refusal of defendant to take such oath-Right of Magistrate to adjudge against defendant without hearing witnesses.

If under section 9 of Ordinance No. 9 of 1895 a defendant refused to take the oath proposed by the complainant, a Magistrate cannot decide the case against the defendant without hearing the witnesses cited. He should record the fact that the defendant refused to take the oath and, when he comes to weigh the evidence heard, he may take that fact into consideration.

IN this case of maintenance, after the Police Magistrate had heard several witnesses for the applicant, the applicant informed the Court that she was willing to allow the case to go against her if respondent would swear on the Jataka Pota, a book held sacred by the Buddhists, that the children are not his. The respondent agreed to take that oath.

The Police Magistrate then ordered as follows: -

As this is a case as much of a civil nature as of criminal, I " allow the oath under section 9 of Ordinance No. 9 of 1895. " Respondent to swear on the

Click Here to Read the rest of this document