Law: Oath Act, 1873

Section: 8, 9, 10, 11

(a) Oaths Act (X of 1873)-------Ss. 8, 9, 10 & 11---Special oath, administration of---Binding upon the party---Arrangement for disposal of suit/case as agreed by the parties is a sort of a compromise, which is lawful and permissible; therefore, the same cannot be assailed through appeal.Rashid Mahmood v. Mst. Rashida Begum and 2 others 2010 YLR 218 rel.(b) West Pakistan Civil Services Pension Rules, 1963-------Rr. 4.7 & 4.10---Succession Act (XXXIX of 1925), S.373---Oaths Act (X of 1873), Ss. 8, 9, 10 & 11---Pensionary benefits---Succession certificate---Tarka---Legal heirs, entitlement of---Special oath, administration of---After death of civil servant, petitioner applied for issuance of succession certificate about pensionary benefits of her deceased husband, who was an employee in the Pakistan Telecommunication Company Limited---Petitioner contended that deceased had already divorced his second wife/respondent No. 1, therefore she was not entitled to any pensionary benefits---Such claim was resisted by the respondents---Trial Court held the two wives and children entitled for pensionary benefits---Petitioner being aggrieved preferred an appeal---Appellate Court modified the order and entitled both wives only for pensionary benefits---Matter was decided on Special Oath---Held, that nothing was on record to divulge that the petitioner was prompted by the respondents or by the Trial Court to arrange the disposal of lis on the basis of special oath, rather it was her sweet will to get decided the matter in terms of Special Oath---Therefore, said offer being made voluntarily and accepted by the respondent No. 1 was binding upon the petitioner---Offer so made by the petitioner to the respondent No. 1 was binding upon her and she could not resile from the same, and she had to face the consequence of the same---Revision petition in hand came to naught and the same stood dismissed, in circumstances.Tasaduq Hussain v. Additional District Judge, District Vehari and 2 others 2010 YLR 3283; Maulana Muhammad Idrees v. Fazal Said Khattak and others 2009 CLC 241 and Inayat Hussain alias Inayatullah v. Chaudhry Sultan Ahmad 2010 CLC 596 rel.(c) West Pakistan…

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