Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Art. 163---Acceptance or denial of claim on Oath---Procedure---Provision of Art. 163, Qanun-e-Shahadat, 1984 has not adopted fully the concept of "deciding a claim on oath" on the basis of the tradition of Holy Prophet---No procedure for taking oath by the parties having been either prescribed or spelled out from Art. 163, Qanun-e-Shahadat, Court has been left to proceed with the matter as it may deem fit---Court thus can adopt the mode of deciding a cause in accordance with the tradition of the Holy Prophet. Article 163, Qanun-e-Shahadat, 1984 provides that when the plaintiff takes oath in .support of his claim, the Court shall on the application of the. plaintiff call upon the defendant to deny the claim on oath. Nothing has been said in this provision as to the consequences which will follow on taking oath by the defendant denying the claim in answer to the taking of the oath in support of his - claim by the plaintiff. No procedure for taking the oath by the parties has been either prescribed or spelled out. This provision has not adopted fully the concept of "deciding a claim on oath" as propounded by old masters of Muslim Jurisprudence on the basis of the tradition of the Holy Prophet (S.A.W.):-- , (the burden of proof beyond all doubts is on the plaintiff while oath is to be exacted from the one who denies i.e., the defendant). If the plaintiff produces evidence in attestation of his claim as the initial burden of proof is on him, then the defendant shall also produce his evidence and Qazi is to pronounce the on the basis of the evidence on record. If, on the other hand, when the claim made is shown to be prima facie valid but the plaintiff is unable to produce evidence and demands that the defendant to be put to his oath, in that case Qazi must administer oath to him. The demand of plaintiff is requisite to the exaction of oath as it is his right. This has not been so provided in Article 163 of the Qanun-e-Shahadat as the matter has been left to the Court to proceed with the matter as it may deem fit. However, it is open to the Court to adopt the mode of deciding a cause in accordance with the tradition of the Holy…

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