Law:

Section:

Civil Procedure Code (V of 1908)--O.XXIII, R.3---Oaths Act (X of 1873), S.8---Suit decreed by Trial Court on basis of oath administered to plaintiffs---Defendants who were parties to such oath i.e. who had offered to be bound by the oath had accepted Trial Court's and did not file appeal---Such decree, however, was not binding to the extent of shares of those defendants who were not party to the oath especially when their shares in the land in question, were severable. JUDGMENT NASIM HASAN SHAH, J: --The relevant facts briefly are that respondents Nos.1 and 2 (Mst. Sawan Mai and Mst. Reham Elahi) filed a suit to seek a declaration that they were owners in possession of the land in dispute and that the mutation attested on 5-4-1968 showing the appellants namely Muhammad Yar son of Allah Ditta, Muhammad Riaz son of Ghulam Muhammad and Muhammad Iqbal son of Ghulam Muhammad and respondents Nos.3 to 8 as the owners thereof was illegal and ineffective in so far as their rights were concerned. The suit was decreed by the trial Court on the basis of an oath administered on Holy Qur'an to Mst. Sawan Mai and Mst. Reliant Elahi (respondents Nos.1 and 2 herein). Respondents Nos.3 to 8 filed an appeal before the Additional District Judge stating that they were not bound by the oath taken by respondents Nos.1 and 2 and as such the decree passed by the trial Court was unsustainable. However, the appellants herein were not parties to the appeal and accepted the judgment of the learned trial Court. The learned Additional District Judge accepted the appeal, set aside the decree as a whole and remanded the suit to the trial Court for a…

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