1999 PLP 3407 (MLD)
MUHAMMAD ASLAM -Petitioner Versus CHAND KHAN -Respondent
| Citation | 1999 PLP 3407 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ASLAM -Petitioner Versus CHAND KHAN -Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 3407 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 3407 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 3407 (MLD) (MUHAMMAD ASLAM -Petitioner Versus CHAND KHAN -Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Zahid Hussain Khan for Petitioner.
Headnotes / Summary
S. 8
Civil Procedure Code (V of 1908), S. 115
Decision of suit on oath-- Validity
Petitioner made offer for decision of suit on Special Oath which was accepted by father of respondent
Suit was decided on taking of oath by respondent
Petitioner contended that such offer was accepted by father of respondent who had no such authority
Effect
Held, by taking oath, son had ratified the acceptance of oath made by his father.
S. 8
If the parties agreed to Special Oath suit could be disposed of on Special Oath even if the case was ripe for decision on merits.
Judgment & Decree
S. 8
Civil Procedure Code (V of 1908), S. 115
Decision of suit on oath-- Validity
Petitioner made offer for decision of suit on Special Oath which was accepted by father of respondent
Suit was decided on taking of oath by respondent
Petitioner contended that such offer was accepted by father of respondent who had no such authority
Effect
Held, by taking oath, son had ratified the acceptance of oath made by his father. (b) Oaths Act (X of 1873)
S. 8
If the parties agreed to Special Oath suit could be disposed of on Special Oath even if the case was ripe for decision on merits. Zahid Hussain Khan for Petitioner. The petitioner filed x suit for specific performance of oral agreement of sale in respect of the suit land. The same was contested and was in progress when the petitioner made a statement on 23-6-1996 to the effect that he was prepared to take special Oath on Holy Quran in favour of his case and if this was acceptable to the defendant-respondent, his suit be decreed. On the contrary, if the defendant-respondent did not accept his Oath, the defendant-respondent himself should take special Oath and in that case the petitioner's suit be dismissed and further that if the defendant-respondent did not give Oath as above the suit be decreed. This offer was accepted by Muhammad Ramzan, father of the defendant. On 28-10-1996, the defendant-respondent took Oath in support of his case and stated that he had not received any money as sale price from the plaintiff-petitioner nor he ever agreed to sell his land. On this, the plaintiff- petitioner's suit was dismissed. Notwithstanding the disposal of suit on special Oath, the dismissal of the suit was challenged in appeal but the same was dismissed.
2. In this revision it is argued that the offer was accepted by Muhammad Ramzan, father of the respondent who had no authority. This argument has no force because in spite of it, the respondent took Oath which meant that he ratified the acceptance of offer by his father. It is next contended that since the evidence had been recorded, the case should have been decided on merits notwithstanding the offer of Special Oath. This contention again has no force. Notwithstanding the fact that the case was ripe for decision on merits the same could still be disposed of on Special Oath provided the parties agreed to the same. The petitioner himself agreed to have his suit decided on Special Oath and having failed, cannot be permitted to turn around and challenge the course adopted by him. There is no force in this revision which is dismissed in limine. Q.M.H./M.A.K./M-782/L Revision dismissed.