Law: Qanun-e-Shahadat (10 of 1984)

Section: 163

Law: Civil Procedure Code (V of 1908)

Section: O.XXI,R.3

Qanun-e-Shahadat (10 of 1984)--- ----Art.163---Civil Procedure Code (V of 1908), O.XXI, R.3--- Decision on oath---Principle---Plaintiff withdrew suit filed by him on the plea of compromise but later on filed application to restore the same and sought decision on oath by parties---Plea raised by plaintiff was that Lower Appellate Court did not decide application under Art. 163 of Qanun-e-Shahadat, 1984, filed by him---Validity---Only plaintiff and defendant could make statements on oath in support or rebuttal of claims made in suit---For being a plaintiff and a defendant, there should be a suit pending in court---Application to decide the matter on oath was filed before Lower Appellate Court under revisional jurisdiction---Appeal was continuation of suit but a revision petition was not---As when there was no suit, there was no plaintiff or defendant in revision petition---When there was no plaintiff or defendant, application under Art. 163 of Qanun-e-Shahadat, 1984, was not entertainable and the same merited dismissal---Even if application was not decided by Lower Appellate Court in exercise of revisional jurisdiction, it involved no consequences---High Court declined to interfere in concurrent findings of law and fact against plaintiff, as he could not point out any illegality therein---Petition was dismissed in circumstances. Umar Bakhsh and 2 others v. Azim Khan and 12 others 1993 SCMR 374; Hadi Bux Memon through Attorney v. City District Government Karachi and 5 others PLD 2006 Kar. 16 and Hasnain Ahmed Shah v. Ijaz Ahmed Shah and another 2006 CLC 334 ref. THIS ORDER PASSED BY: ATIR MAHMOOD, J.--- Brief facts of the case are that the petitioner filed a suit for declaration, cancellation of documents etc. which was dismissed as withdrawn on the statement of the petitioner that a compromise has been effected between the parties vide order dated 28.01.2009. On 14.01.2010, the petitioner filed application under section 151, C.P.C. for restoration suit which was dismissed by learned trial court vide order dated 08.03.2013. Against the said order, the petitioner filed revision petition which also met with the same fate vide judgment dated 16.05.2016 passed by…

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