Law:

Section:

(a) Oaths Act (X of 1873)----S. 8---Civil Procedure Code (V of 1908), O.XLVII, R.9---Constitution of Pakistan (1973), Art.185(3;1---Leave to appeal was granted to examine whether suit filed by plaintiff was rightly decreed on special oath taken by one of the plaintiffs/respondents and whether second review application against order passed by High Court in revision was not competent under O.XLVII, R.9, C.P.C. (b) Oaths Act (X of 1873)--S. 8---Civil Procedure Code (V of 1908), O.XLVII, R.9---Constitution of Pakistan (1973), Art.185(3)---Suit was decreed on basis of oath on Holy Qur'an, which had been upheld throughout---Courts below had given concurrent finding of fact that one of the plaintiffs/respondents had taken oath as agreed between the parties---Plea that no such oath was taken as agreed was not sustainable--­Even in High Court, the plaintiff/respondent had made offer to take oath again but defendant had not accepted such offer---High Court in consequence had rightly dismissed revision---As regards second review application against order passed in revision by High Court, provision of O.XLVII, R.9, C.P.C. itself does not postulate such application---There being no force in appeal, same was dismissed in circumstances. Mian Ataur Rehman, Advocate-on-Record for Appellant Kh. M. Farooq, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Respondents. Date of hearing: 23rd April, 1995. JUDGMENT IRSHAD HASAN KHAN, J.---Leave to appeal was granted to examine as to whether the suit filed by Malik Muhammad Bashir and another was rightly decreed on the special oath taken by Ghulam Nabi, and whether second review petition against the order dated 17-3-1993 passed in revision was not competent under Order 47, rule 9, C.P.C. 2. Malik Bashir Ahmed and Ghulam Nabi respondents filed a suit for declaration claiming ownership in possession of Pajero Jeep No.555/MNP by plaintiff/respondent No.2 and that the Registration Authority has illegally shown Muhammad Ali appellant/defendant as owner in its record with consequential relief by way of permanent injunction. An interim injunction was also prayed for through a separate application. During the pendency of…

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