Present: Mr. Justice Wood Renton.

FERNANDO v. PERERA.

C. R., Panadure, 8, 803.

Oaths Ordinance, (No. 9 of 1895)-Agreement to take the oath-Subsequent refusal-Procedure.

Where a party to a suit agrees to take an oath under the Oaths Ordinance (No. 9 of 1895), and afterwards refuses to take such oath, the procedure laid down in section 9 of the said Ordinance must be followed.

THE plaintiff sued the defendant on a debt bond dated May 2, 1905, for Rs. 125, with interest at 30 per cent., the plaintiff claimed altogether Rs. 250. The defendant pleaded that the plaintiff had agreed to deduct Rs. 30 from the amount of the bond, and also to charge interest at the rate of 121/2 per cent.

On the day of trial the following proceedings took place: -

" Parties present and ready. " Mr. Guneratne, for plaintiff. " Issues: -

" Did the plaintiff agree to deduct Rs. 30 from the amount appearing on the bond ?

" Did the plaintiff agree to accept reduced rat© of interest at 121/2 per cent. ?

"Defendant challenges plaintiff to swear at Awasa. Temple on the image of Vishnu that he did not agree to deduct Rs. 30 from the amount, and that plaintiff did not agree t