Law: Constitution of Pakistan, 1973

Section: 185(3)

Oaths Act (X of 1873)--S.9--Constitutiqn of Pakistan (1973), Art. 185(3)--Plaintiff's offer to be bound if defendant made statement on Holy Quran controverting plaintiff's factual claim as averred in plaint--Defendant's readiness to make such statement prompted plaintiff to withdraw his offer--Withdrawal of offer not acceded to by Courts below--Leave to appeal was granted to consider whether plaintiff was not bound by his first offer and case being still pending whether observations made in impugned s would prejudice his case. Ch. Muhammad Hasan, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 2nd December, 1987. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment dated 29-11-1987 of the Lahore High Court; whereby petitioner's Constitutional petition arising out of his suit for specific performance of contract of sale of land by the respondent No.l, was dismissed. Learned counsel stated that the real contest parties was whether the said respondent appeared before the Tehsildar on 7-6-1979 (presumably to acknowledge the sale). When making statement at the trial as his own witness, the petitioner/plaintiff offered that if the defendant/respondent made statement on the Holy Quran that he did not appear before the Tehsildar on the said date, he (the petitioner) would withdraw the…

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