[IN REVISION.]

1923  Present: Jayewardene A.J.

 SAYALEE v. SETUWA.

P. C-Kandy, 9,841.

Derisory oath-Application for maintenance for illegitimate child'-Mother challenging defendant to take the oath that he did not visit her-Oath taken-Case to be tried on evidence.

Where a mother applied for maintenance on behalf of an illegitimate child and challenged the defendant to take an oath at a temple that he did not visit her and that the child was not his, and the defendant accepted the challenge and took the oath, the Supreme Court sent the case back to be tried on evidence.

THE facts appear from the judgment. No appearance.

August 2, 1923. JAYEWARDENE  A.J.-

This is an application for maintenance by a woman on behalf of her illegitimate child. On the day of trial, the applicant challenged the respondent to take an oath at Alutnuwara dewala that he did not visit the applicant and that the child is not his. The respondent accepted the challenge and took the oath. The application was thereupon dismissed. The applicant then petitioned this Court, saying that she consented to accept the respondent's oath at the instigation of the arachchi of the