Present: Jayewardene A. J.

UKKU MENIKA v. APPUHAMY.

211-C. R. Badulla, 4,556.

    Decisory oath-Undertaking by plaintiff and his witnesses-Failure of one witness to take the oath-Dismissal of action.

An undertaking to refer the decision of an action to the test of an oath may provide that the oath be taken by a party to the action, a witness, or by a party and a witness.

APPEAL from a judgment of the Commissioner of Requests, Badulla. The facts appear from the judgment.

H. V. Perera, for plaintiff, appellant.

R. C. Fonseka, for defendants, respondent.

October 27, 1925. JAYEWARDENE A.J.-

In this case the plaintiff sued the defendants for declaration of title to a portion of a field called Gedera-arawa. The defendants filed answer claiming the portion in question as a part of their land Narangahawatta.

On the day of trial, after a good deal of evidence had been recorded, the defendants challenged the plaintiff, Geneterala, ex Arachchi, and the Arachchi of Morahela to take their oaths at Kataragama Dewala " that the plaintiff cultivated the land in dispute as a paddy field till he planted it with plantains and other plants about fi