Law: Civil Procedure Code (V of 1908)

Section: O.XXIIIr.3

Law: Oath Act, 1873

Section: 9

(This case was referred to the above Division Bench by S. A. Rahman J., vide his Lordship's order, dated the 8th July, 1953). Civil Procedure Code (V of 1908), O. XXIII r. 3-­Parties agreeing that the suit be dismissed or decreed accord­ing as a fact, irrelevant to the suit, viz., that the deceased (share in whose estate was the subject of the suit) left after him 10 ghumaons of land besides the land in dispute, was proved or disproved-Defendant resiling from agreement Whether suit must necessarily be decided in accordance with Plaintiff sued the defendant for his share in land which was gifted away by the deceased in favour of the defendant. The suit rested on the plea that the gift was the result of undue influence and was made in marx-ul-maut. After a part of the evidence had been recorded, the parties agreed that the suit: be dismissed or decreed according as it was proved or disproved that the deceased had left 10 ghumaons of land after him apart from the land in dispute. Before evidence could be recorded on this subject, the defendant resiled from the agreement. The Court, however, held the defendant bound to his agreement and after going into the evidence arrived' at the conclusion that the land left by the deceased was less, than 10 ghumaons. Accordingly the suit was decreed. On appeal, the Senior Civil Judge reversed the decision of trial Court and remanded the case for decision on merits. Held (Per Rahman J.) that the decision of the learned Senior Civil judge was correct. That though it was a contract within the meaning of section 10 Contract Act, such an agreement per se does not amount to an adjustment but if it is carried out, it may eventually lead to an adjustment. That specific performance is an equitable relief which a party cannot claim as a matter of right. The Court has a discretion in the matter and if in the particular circumstances of a case, the conscience of the Court is not satisfied that it is necessary to hold the parties to such an agreement, it will not direct its performance. (Per Shabir Ahmad, J.)-It was not a case of taking an oath under section 9 of the Oaths Act of 1873 nor was it a case of appointment of an arbitrator, and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492