1913 Present: Pereira J.

PALANIAPPA v. SINNATAMBY.

71-C. R. Colombo, 30,113.

Derisory oath-Oath not taken by accident-Party challenging cannot withdraw from undertaking to be bound by oath.

If the party who has consented to take an oath designedly or negligently omits to do so at the time and place fixed, the opposite party may be allowed to refuse to continue to be bound by his undertaking; but where the omission is due to pure accident or to unforeseen causes over which the party has no control, it will be manifestly unreasonable, and, indeed, it will lead to an undesirable evasion of a solemn agreement entered into in open Court, to allow the opposite party to withdraw from his undertaking to be bound by the oath. The Court should in all cases adjudicate upon the soundness of the reasons given for the omission.

THE facts appear sufficiently from the judgment.

Arulanandam, for plaintiff, appellant.-The Commissioner was wrong in refusing to adjudicate upon the circumstances which led to the plaintiff's failure to take the oath. Supposing plaintiff was

run over by a motor car while on his way to the temple to take the oath, he had