| Citation(s) |
|---|
| 1979 SLG 604 1979 SLD 604 1979 SCMR 423 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 1101 of 1976, decision dated: 21st February, 1979.
MUHAMMAD AKRAM AND NASIM HASAN SHAH, JJ
Abid Nawaz, Advocate on-Record for Petitioner. Nemo for
Respondent
Civil Petition for Special Leave to Appeal No. 1101 of 1976, decision dated: 21st February, 1979.
MUHAMMAD AKRAM AND NASIM HASAN SHAH, JJ
Abid Nawaz, Advocate on-Record for Petitioner. Nemo for
Respondent
REHMAT ALI
VS
ABDUL HAMID
Law:
Section:
(a) Civil Procedure Code (V of 1908) --- O. XLVII, r. 1 Statement on special oath Review Petition's contention of having agreed to be bound by oath on Holy Qur'an b y respondent's father due to being unaware of latter being an Ahmadi and he could not in law make a statement on Holy Qur'an High Court on statement of petitioner being recorded coming, to conclusion of petitioner having been aware of respondent's father being an Ahmad No new discovery of any new fact attracting review jurisdiction ¬Petitioner, held, cannot be allowed to back out of his offer accepted by respondent and acted upon Petitioner's next contention of being unaware of respondent's father being not legally in position to take oath on Holy Qur'an, held further, could also not be accepted since petitioner could not successfully benefit on plea of ignorance of law.¬ (b) Civil Procedure Code (V of 1908)---- ----O. XX, r. 7, read with Ss. 151 & 153 Date of decree differing from date of Error, held, could be corrected under Ss. 151 & 153 of Civil Procedure Code, 1908. ORDER NASIM HASAN SHAH, J. This is a petition for lease to appeal against the order dated 5 10 1976 of the Lahore High Court passed in Civil Revision No. 920 of 1976, dismissing a petition under section 115, C. P. C. filed by the petitioner. In a suit instituted by the respondent for the specific performance of a contract, the petitioner proposed that the suit may be decided on the statement made on the Holy Qur'an of Allah Ditta, the father of plaintiff respondent herein. The proposal was accepted and Allah Ditta appeared and made a statement on the Holy Qur'an supporting claim made in the suit. The suit was decreed in favour of the respondent. Subsequently, however, the petitioner moved a review petition before the Civil Judge on the ground that the respondent was an Ahmadi and ways not competent to take oath on the Holy Qur'an and as such the decree passed on his statement on the Holy Qur'an was liable to be set aside. He also maintained that the decree was defective because its date differed from that given in the judgment, as required under Order XX, rule 7, C. P. C. An objection was also taken that the court fee on the…
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