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" LAW AND PROCEDURE LAW AND PROCEDURE FOR DECISION OF CASE ON THE BASIS OF OATH By Saeed Akhtar Civil Judge Class-1, Dera Ghazi Khan The common legal recognized mode for decision of a controversy raised in a suit is to decide it on the basis of available evidence of the party(s). However, there are some exceptions to this, firstly to decide the lis on the basis of legal issue, secondly, to decide the lis on the basis of admission of other party to the facts and controversy raised by first party and lastly to decide the lis on the basis of an oath of party to lis or of third person. In these situations, ordinarily there is no need to record evidence of the party(s) for decision of a lis raising a controversy. Here, we shall be concerned with decision of the case on the basis of oath. Commonly, it is known as decision of the case on Special Oath. But, in statutory law there is nothing mentioned as Special Oath. Exactly, at present, there is no comprehensive statutory law dealing with decision of the case on oath except Article 163 of the Qanun-e-Shahadat Order, 1984 and Section 8, 9, 10 and 11 of the Oaths Act, 1873. 1. LAWS DEALING WITH DECISION OF CASE ON THE BASIS OF OATH In Pakistan following statutory laws are applicable for decision of a case on the basis of oath. 1.1 ARTICLE 163 OF THE QANUN-E-SHAHADAT ORDER, 1984 Article 163 of the Qanun-e-Shahadat Order, 1984 is substantive and procedural provision of statutory law which is reproduced for convenience as under: Acceptance or denial of claim on oath. --- (1) When the plaintiff takes oath in support of his claim, the court shall, on the application of the plaintiff, call upon the defendant to deny the claim on oath. (2) The Court may pass such orders as to costs and other matters as it may deem fit. (3) Nothing in…