Law:

Section: Ss. 8, 9 & 11

Oaths Act (X of 1873), Ss. 8, 9 & 11---"Party to . . . . any judicial proceeding"-Includes advocate of party.   Prima facie "a party to the judicial proceedings" in sections 8 and 9 of the Oaths Act, 1873 would include an advocate of the party also. An advocate empowered by a party to enter into a compromise etc., is fully competent to make an offer to abide by the special oath and in doing so he must be deemed to have been so instructed by his client. When an advocate signs the record of the proceedings containing the offer of special oath on behalf of the parties whom he represents, it would be deemed to have been done by him as agent of the parties whom he represented in the proceedings pending in Court.   Sadashiv Rayaji v. Maruti Vithal I L R 14 Bom. 455 ; Pethayya Pillai v. Karuppiah Nadar and others A I R 1953 Mad. 708 ; Ramzan and others v. Gopal Das and others A I R 1936 Lab. 199 ; Sourendranath Mitra v. Tarubala Dasi A I R 1930 P C 158 ; Hata v. Smail and others A I R 1932 Lab. 414 ; Mst. Masita Bibi v. Khuda Bakhsh A I R 1923 All. 65 ; Muhammad Mahmud Choudhry and others v. Behary Lal Saha and others A I R 1930 Cal. 463 ; Jadu Sahu and another v. Chamra Sahu and others A I R 1939 Pat. 222 and Narain Singh and others v. Har Bux Singh and others A I R 1953 All. 312 ref. JUDGMENT   WAHIDUDDIN AHMED, J.-This is a defendants' appeal arising out of a suit for partition of movable and immovable property left by one Mitho son of Kadir Bux who died in the year 1956. The deceased was survived by Mst. Lai Khatoon widow, Mst. Shafiat mother and Haji Mewo a consanguine brother. Mst. Lal Khatoon the respondent/plaintiff married another person called Imambux Junejo. After her second marriage on March 3, 1959, she filed Suit No. 10 of 1959 in the Court of the District Judge, Dadu, for partition, separate possession and mesne profits in respect of the properties mentioned in Schedules A and B of the plaint. During the pendency of this suit the respondent obtained an interim injunction order with regard to the produce of the property in dispute The appellants/defendants resisted the respondent's suit and contested the…