Law: Oaths Act, 1873

Section: 9, 10 & 11

(a) Oaths Act (X of 1873)------Ss. 9, 10 & 11---Administration of special oath---Procedure---Duty of Court---Guiding principles---Court has to ask for application specifying the nature of the statement which the party making offer of special oath wanted to obtain on oath for decision of the case---Other party has to be provided an opportunity to categorically accept or reject the offer being made by the offering party---No procedure for recording of statement on special oath has been provided under Ss-9, 10 & 11 of Oaths Act, 1873, but the Court can lay down its own procedure to ensure that prejudice is not caused to any of the parties depending upon circumstances of each case---Supreme Court restrained the Courts from accepting offer of anyone of the parties for decision of the case on oath so promptly because there was every possibility, that may be for the time being, the offer for the decision of the case of special oath was accepted without knowing its consequences but after some time the party may resile from such offer for any cogent reason.Muhammad Ali v. Maj. Muhammad Aslam and others PLD 1990 SC 841 rel.(b) Oaths Act (X of 1873)------Ss. 9, 10 & 11---Constitution of Pakistan 1973 Art.185 3 --�Administration of special oath---Written application, non-filing of---During cross-examination of the defendant, suggestion was made by the plaintiff: regarding decision of the case on the basis of special oath administered to the elder brother of the defendant---Such suggestion was accepted by the defendant and on the basis of the statement of the elder brother of the defendant recorded on special oath, the Trial Court decreed the suit against the defendant---Appeal against the and decree passed by the Trial Court was allowed and the Appellate Court remanded the case for decision afresh---High Court in exercise of appellate jurisdiction under S.100, C.P.C. maintained the passed by the Lower Appellate Court ---Validity--�No hard and fast rule existed for accepting or rejecting statement of a person given on oath provided departure from the statement was made on the basis of cogent grounds depending upon case to case---Apprehension of the defendant…