Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Arts. 163---Oaths Act (X of 1873), Preamble---General and special oath--­Distinction---Oath referred to in Art. 163 of Qanun-e-Shahadat is a general oath, whereas oath provided by Oaths Act, 1873 is a special oath and both are diametrically opposed to each other. (b) Oaths Act (X of 1873)--- ----S. 10---Special oath---Party made offer of oath on "the Holy Qur'an" which was accepted by the other party and Trial Court decreed the suit in the light of such special oath---Recording of special oath by Trial Court in absence of any application filed in that respect---Validity---Where oath was taken by plaintiff in the same terms as it was proposed by the defendant and exact wordings were recorded by Trial Court and person taking oath had not only put signatures under that statement but also put his thumb-impression and got his I.D. Card number recorded, and there being no requirement of any prescribed application in law for taking oath, the suit was rightly decreed by the Trial Court. Nathey Khan v. Muhammad Usman PLD 1988 Lah. 280 and Bhore Khan v. Noor Din PLD 1993 Pesh. 72 ref. ORDER Master Abdul Latif respondent herein brought a suit on 16-7-1995 against Abdul Rehman appellant for the recovery of sum of Rs.2,75,000 alleging in his plaint that Abdul Rehman claiming himself to be the general attorney of one Haider Ali resident of Ranchore Line, Karachi, who was shown to be the owner of land measuring 138 Kanals and 16 Marlas in Village Vani Par Ahmed, Hafizabad Tehsil as per the record of rights for the year 1984-85 (copy mark "B"), prevailed upon him to purchase this land, holding out that a sum of Rs.60,000 had already been paid by him to Haider Ali as earnest money but he himself was unable to arrange for the remaining amount and that he would get the sale-deed registered in his name. The plaintiff as per his averment was then serving in the Education Department. He was taken in and, therefore, sought a premature retirement and from whatever amount he received he made the payment of a sum of Rs.2,75,000 to the defendant Abdul Rehman but the latter failed to get the land transferred in his name or to pay back the amount of…

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