1917 Present : Shaw J.

ELIZA v. JOKINO.

319-P. C. Negombo, 26,640.

    Maintenance proceedings-Oaths Ordinance applicable-Right of party to withdraw from undertaking to Re Round by oath.

Maintenance proceedings are in the nature of civil proceedings, and therefore the provisions of section 9 of the Oaths Ordinance applies to such proceedings.

A person who has challenged his opponent to take an oath under the section cannot withdraw from his undertaking if the opponent consents to take the oath.

THE facts are set out in the judgment. Aserappa, for the appellant.

May 9, 1917. SHAW J.-

This is an appeal from a maintenance order made by the Magistrate, directing the appellant to pay Rs. 3 a month for the maintenance of an illegitimate child. During the course of the proceedings the applicant challenged the present appellant to take the oath at a temple. The Magistrate appointed the oath to be taken at the kussela temple at a certain time, the oath to Re administered by the Court Mudaliyar, with a further direction that if the oath was taken the application should Re dismissed, and that if not taken it should Re allowed. The parties went t