1. We agree with the lower Court on the question of limitation.
2. On the other question we think that the plaintiff's statements in his examination as a witness do not bind the defendant as being on oath taken in pursuance of an agreement made between the parties under the provisions of the Oaths Act.
3. The procedure prescribed in that Act must, we think, be strictly followed, and here we find that the offer of the defendant was not put to the plaintiff: he was not asked whether he would make the oath by which the defendant offered to be bound nor did he expressly agree to do so. It is only when by these questions and answers an agreement is arrived at that the Court is empowered by Section 10 of the Act to administer the oath proposed; and here the necessary procedure preliminary to the agreement was not adopted. We think, therefore, that the defendant is entitled to say that he is not bound by the oath of the plaintiff.
4. We must ask the District Judge for findings on the evidence on record on the other issues in the case.
5. The findings should be submitted in six weeks and seven days will be allowed for filing objections.