Tirugnasambanthapillia V. Namasivayampillai

Present: Bertram C.J., Ennis J., and Jayewardene A.J.

TIRUGNASAMBANTHAPILLAI v. NAMASIVAYAMPILLAI.

324-C. R. Jaffna, 16,107.

Decisory oath-Agreement regarding the action-Failure to take She oath- Oaths Ordinance, No. 9 of 1895.

Where a party to an action undertakes to take the decisory oath and agrees at the same time that the action should be decided in a particular way according as he takes or does not take the oath.

Held, that judgment may be entered in terms of the agreement.

THIS ease was referred to a Bench of three Judges by Jayewardene A. J. by the following judgment:-

Jayewardene A.J.-

This case raises a question of practical importance under the Oaths Ordinance, No. 9 of 1895.

The plaintiff sued the defendant to recover a sum of Rs. 110.29. The defendant denied liability. On the day of trial, the following agreement was come to: -

"It is agreed between the parties that the defendant bring into Court Rs. 100 on or before August 1, 1924, and that the plaintiff take oath at the Kandaswamy temple. If he does so, the plaintiff is to have judgment for the full amount.

"It is also agreed that if the oa

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