Law:

Section:

 (i) Special Oath- —Specific performance of agreement-Suit for--On offer of appellants, special oath was taken by respondent—Suit dismissed—Challenge to—By agreeing to make oath on Holy Quran, respondent took a very bold step-He is bound by his oath and so are bound appellants who agreed to making of oath by him— Held: Appellants cannot be allowed to wriggle out of their commitment and thus nullify oath proceedings which were taken, out at their instance-Appeal dismissed.   [P.94]FG (ii) Special Oath- —Specific performance of agreement—Suit for—On offer of appellants, special oath taken by respondent-Suit dismissed-Challenge to-Initiative in connection with decision of suit on basis of special oath, was taken by appellants—Obviously knowing that respondent had admitted receipt of Rs.66000/- in written statement, they offered to settle dispute on basis of special oath prescribed by them-Appellants did not raise a syllable of protest after special oath was made-Held: Plea of fraud is an after-thought-Held further: It is, in fact, an attempt on part of appellants to wriggle out of solemn commitment made by them.        [Pp.8990]AB (iii) Special Oath-- —Specific preformance of agreement—Suit for—On offer of appellants, special oath was taken by respondent-Suit dismissed-Challenge to-Whether counsel representing appellants in trial court, had no authority to make offer of special oath to respondent—Question of—As per power of attorney, learned counsel was authorised to withdraw suit or enter into a compromise resulting in disposal of suit in accordance with compromise—Held: Although it has not been specifically mentioned in his Vakalatnama that he was empowered to settle dispute in terms of special oath, yet there is no room for doubt that counsel had authority to agree to disposal of suit on basis of that oath. [Pp.9091 ]C PLD 1962 (W.P.) Karachi 162, AIR 1923 All. 65, AIR 1930 Cal.463, AIR 1939 Pat. 222, AIR 1940 Oudh 314 and AIR 1929 Oudh 56 rel. (iv) Special Oath- —Specific performance of agreement-Suit for-On offer of appellants, special oath was taken by respondent-Suit dismissed-Challenge to-Whether offer of special oath made by…

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