Law:

Section:

Oaths Act (X of 1873)-Dispute over immovable property-Parties making statement before appellate Court wherein they agreed to get matter settled in favour of party taking oath on Holy Qur'an-Order passed by appellate Court on basis of such oath-Held: Unexceptionable and case not fit one for examination by Supreme Court. ORDER KARAM ELAHEE CHAUHAN, J.--It is not necessary to go into the lengthy details of this case and it will be sufficient for our purposes to mention that the petitioner as well as the respondent each filed a suit claiming title over the property in dispute which was described more fully in their respective plaint. The suits were disposed of by a common judgment by the learned Civil judge dated 11-3-1971, whereby the suit of the petitioner was decreed whereas the suit of the respondent herein was dismissed. 2. The respondent filed two appeals-(one in each case)-which were disposed of in terms of a statement of the parties wherein they agreed to get the matter settled in favour of Muhammad Ismail, respondent, if he took oath on the Holy Quran that he had not sold the property in dispute to the present petitioner Muhammad Ismail ,respondent took the requisite oath and accordingly his suit was decreed and the suit of the petitioner was dismissed and the two appeals were accordingly disposed of on 2-10-1972. The present petitioner then filed a review which was accepted by the learned Additional District Judge on 10-10-1974. and the main appeals were restored for decision on merits. 3. Muhammad Ismail, respondent filed an appeal being F. A. O. 188/74 which was accepted by the High Court, vide its order dated…

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