1945 Present: Wijeyewardene J.

WILLIAM, Appellant, and NAGOOR ADUMAI, Respondent.

216-C. R. Matale, 7,631.

Decisory oath-Oath to be taken in Mosque by defendant-Defendant a Buddhist-Agreement to settle action according as oath was taken or not- Validity of such agreement-Oaths Ordinance (Cap. 14), s. 7-Civil Procedure Code, s. 408.

The defendant, a Buddhist, accepted the challenge of the plaintiff a Muslim, to take the following oath in a Mohammedan Mosque:-"I did not make a payment of Rs. 10 on July 31, 1938, or a payment of Rs. 5 on January 17, 1943, on account of interest due on the promissory note sued upon ". It was agreed by the parties that if the defendant took the oath the plantiff's action was to be dismissed with costs.

Held, that such an agreement would come within the provisions of section 408 of the Civil Procedure Code and the Court would give effect to it so long as it was not illegal or contra bonos mores.

Held, further, that the proposed oath was not obnoxious to the provisions of section 7 of the Oaths Ordinance (Cap. 14).

APPEAL from a judgment of the Commissioner of Requests,,

Matale. H. W. Thambiah for the