Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 185(3)---Suit for specific performance---Leave to appeal was granted to consider whether the circumstances of the case were such that the petitioner was not bound by his first offer and considering that the suit was still pending, any of the observations made in the of High Court would prejudice his case. (b) Oaths Act (X of 1873)-------Ss. 9, 10 & 11---Question whether a party who has made an offer can resile from it, depends upon the facts and circumstances of each case---Guiding principles as to what facts or circumstances in a given case would induce a Court to permit a party to resile from either the offer or the acceptance stated. There is no section in the Oaths Act, 1873, dealing with the question whether a party who has made an offer to be bound by the statement on oath, or special oath, by the opposite party or witness, can resile from such an offer and the matter being one left to be decided on general principles, the question whether the party who has made an offer can resile from it, depends upon the facts and circumstances of each case. Where it is not possible to lay down guiding principles as to what facts or circumstances in a given case would induce a judge to permit a party to resile from either the offer or the acceptance, it is necessary for the Court to guard itself and the parties against snap decisions taken by the parties in this connection. More often than not, during examination of a party or a witness, or during a heated discussion or argument, a party in the excitement of the moment may be led to make a snap decision in this respect. He may in the heat of passion make such an offer, or accept such a one, which otherwise in a state of cool deliberation he would not do. The Court should be careful to see that such offers and acceptances are not recorded with the same snap speed with which they are made, for such offers and acceptances would not be founded in piety and grace and would not be made at the highest level of truth. For no sooner a person makes an offer to another to make a statement on the Holy Qur'an or his Holy Book, whichever it may be, with regard to any matter or fact,…

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