1964 Present: Basnayake, C.J., Abeyesundere, J.,
and Sirimane, J.

P. H. BABY NONA, Appellant, and R. KAHINGALA,
Respondent

S. C. 225/61-M. C. Galle, 7917

Maintenance-Illegitimate child-Application by mother for maintenance-Procedure- Commencement of inquiry-Requirement of examination of applicant on oath-Condition precedent-Effect of non-compliance-Maintenance Ordinance (Cap. 91), as. 2, 8, 9, 13-17-Courts Ordinance, s. 81-Criminal Procedure Code, a. 425.

         In an application made under section 13 of the Maintenance Ordinance by the mother of an illegitimate child for maintenance of the child-

Held, (SIRIMANE, J., dissenting), (i) that compliance with the requirement of section 14 of the Maintenance Ordinance that the Magistrate shall commence the inquiry by examining the applicant on oath or affirmation and recording such examination is a condition precedent to an inquiry under the Ordinance. The condition cannot be waived by consent of parties.

             (ii) that non-compliance with section 14 renders the subsequent proceedings null and void.

           (iii) that the applicant was not barred from questioning in appea