Law: Oath Act, 1873

Section: 10

Oaths Act (X of 1873)--- ----S.10---Suit for declaration---Settlement of dispute on the basis of oath---Scope---Parties got recorded their joint statement to settle their dispute on the basis of oath administered to the defendant---Plaintiffs, prior to administering oath submitted application that since interest of womenfolk and minors was involved, they wanted to resile from administering oath---Trial Court did not entertain request of plaintiffs and proceedings were fixed for taking oath and thereafter suit was dismissed---Appellate Court remanded the matter with the direction to decide the controversy after recording evidence---Validity---Application to resile from administering oath was moved on the same date when oath was administered---Condition laid down for taking oath had not been fulfilled in the present case---Appellate Court had rightly appreciated the fact that interest of minors and womenfolk was at stake in the case---No permission on behalf of womenfolk or minors through guardian-ad-litem to administer oath had been obtained---Oath had been administered wrongly in circumstances---Revision was dismissed in circumstances. Muhammad Rafique and another v. Sam Muhammad and others PLD 1996 SC 237; Attiquallah v. Kafatullah 1991 SCMR 162; Muhammad Rafique v. Nasir Mehmood PLD 2016 Lah. 428; Mst. Raheela Salmat v. Additional District Judge Faisalabad and 2 others 2010 YLR 314; Mst. Bulbula and others v. Abdullah and others 2006 YLR 2074; Allah Ditta and others v. Mian Muhammad Akram and others 2003 SCMR 1199; Obaid Asghar v. Farhat Shaheen 1995 SCMR 865; Mst. Asifa Sultana v. Honest Taders Lahore and another PLD 1970 SC 331 and Anayat Ali v. Muhammad Yaqoob PLD 1999 Lah. 328 ref. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, JUSTICE:---.--- Bite the dust, Muhammad Saeed Khan in his lifetime brought his suit for obtaining declaration with regard to the suit land the boundaries of which are given in the head-note of the plaint is his ownership on account of purchase by a deed dated 12.09.1994, he is since in possession. This ownership title is denied by his brother Ameen Ul Haq, thereby with the prayer for obtaining permanent injunction that he…

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