Law:

Section:

Civil Procedure Code (Y of 1908)--- ----O. VII, R. 2---Qanun-e-Shahadat (10 of 1984), Art. 163---Oaths Act (X of 1873), Ss. 8, 9, 10 & 11---Suit for recovery of amount---Decision on oath---During pendency. of suit, defendant had himself made application to the effect that he was ready to take oath on Holy Qur'an and his wife would stand divorced if his, oath was wrong that he had paid the entire amount to plaintiff---Defendant further offered that in case plaintiff would take oath on Holy Qur'an suit filed by him be decreed in his favour---Plaintiff admitted that he was ready to take oath on Holy Qur'an as per offer of defendant and took Oath on Holy Qur'an in the Court---Trial Court decreed suit accordingly and judgment and decree of Trial Court was upheld by Appellate Court---Defendant who challenged concurrent judgment of Courts below in revision, had contended that no decree could be passed even if plaintiff had taken oath on Holy Qur'an---Validity---Contention of defendant was repelled as offer made by defendant voluntarily, was accepted by plaintiff and on oath of plaintiff Trial Court was satisfied that claim of plaintiff was genuine---Defendant could not be allowed to make mockery of Holy Book and could not be allowed to resile from offer given by him for it amounted to a binding contract unless it was found to be void or stood frustrated---Trial Court had properly decreed the suit and Appellate Court had rightly dismissed appeal of the defendant---In absence of illegality, material irregularity or jurisdictional error or defect, concurrent findings of Courts below could not be interfered with in revision before High Court. PLD 1991 SC 383; 1987 CLC 1512; Muhammad Ali Butt v. Inspector General of Police, Punjab, Lahore and 10 others PLD 1997 SC 823 and Attiqullah v. Kafayatullah 1981 SCMR 162 ref. ORDER The respondent/plaintiff' filed suit for the recovery of Rs.1,02,000 against the petitioner/defendant in the Court of learned Senior Civil Judge, Kohat. It was during the pendency of the suit that the petitioner/defendant himself made an application on 9-9-2003 that he was ready to take oath on Holy Qur'an and his wife would stand divorced if his…

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