Law:

Section:

Oaths Act (X of 1873)--- ----Ss. 8 to 12---Specific Relief Act (I of 1877), S. 12---Suit for specific performance of oral sale agreement---Defendant's denial to have made such agreement and received earnest money from defendant---Offer of plaintiff to dismiss his suit, if any of three brothers of defendant take special oath on Holy Qur'an regarding non-receipt of earnest money by defendant---Acceptance of such offer by defendant---Failure of defendant to produce any of his brothers in court---Suit decreed by Trial Court upheld by Appellate Court---Validity---Had any of defendant's brothers appeared in court and made statement on oath, then defendant would have been bound thereby---Trial Court, in case of refusal of defendant's brother to take such oath, might record reasons therefor, but could not decree suit for such refusal---Defendant could not be penalized as none of defendant's brothers were ready to appear in court for taking such oath nor had they refused to take such oath---Such offer and acceptance by both parties was, thus, of no legal value and Trial Court was bound to decide case on merits---High Court set aside impugned s/decree and remanded case to Trial Court to decide same afresh on merits after recording evidence of both parties. AIR 1916 Lah. 262; PLD 1960 SC 301 and PLD 1975 Lah 99 ref Haji Jan Muhammad and another v. Sher Dil and another PLD 1975 Lah 97 rel JUDGMENT KH. IMTIAZ AHMAD, J.---This civil revision challenges the judgment and decree dated 9-7-1998 passed by the learned Civil judge 1st Class, Kahror Pacca District Lodhran, whereby the suit for specific performance of contract was decreed and the judgment and decree dated 2-4-1999 passed by the learned Addl. District Judge Lodhran, whereby the appeal was also dismissed. 2. The relevant facts for the disposal of this civil revision are that Faqir Hussain and Talib Hussain respondents herein filed a suit against Rana Khadim Hussain the predecessor of the present petitioners for specific performance of contract on 6-11-1996. The claim of the plaintiffs was that the land in dispute measuring 8 kanals fully mentioned in the head-note of the plaint was owned by the defendant, who in the…

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