Law:

Section:

Oaths Act (X of 1873)---S.8--Constitution of Pakistan (1973), Art.185(3)--Oath taken by respondent on acceptance of the petitioner's offer was, "that respondent took in her hands a minor child and the Holy Ouran acid made the statement sought by the petitioner, as representing the truth about the controversy between the two sides"-­Contention that respondent was not required to utter any such word or do any gesture as would have adversely Affected the interests, or rights of the child she had in her lap and the nature of oath was repugnant to - justice and decency-Held, case was properly decided on the statement of respondent, if treated as ordinary piece of evidence and or as the subject-matter of compromise/settlement. Abdul Rahim v. Sher Gul and 5 others 1987 C. L C 1602 and Tulshi Ram v. Daya Ram A I R 1925 All. 604 distinguished. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant against whom a civil suit has been decreed throughout on the basis of special oath administered to Mst. Zaitoon Bibi respondent on the offer made by the petitioner. The oath taken-by Mst. Zaitoon Bibi on accclptance of the petitioner's offer was, that she took in her hands a minor child and the Holy Qur'an and made the statement sought by the petitioner, as representing the truth about the controversy and contention between the two sides. Learned counsel relying on `Abdur R:ihim v. Sher Gul and 5 others (1987 C.L.C. 10602) decided by the same learned .fudge who rendered the impugned judgment in this case, contended that the nature it affected a third oath under the Oaths Act, 1813 with the learned, the judgments has made proper distinction between agree with him. The effect of the Oath in the case rendered the wife of a party to that case into a divorcee -. case respondent No.1 was not required to utter any such word or do…

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