Law:

Section:

Oaths Act (X of 1873)----- ----Ss. 9, 10 & 12---Qanun-e-Shahadat (10 of 1984), Art.163---Civil Procedure Code (V of 1908), O. XXIII, R. 3---Constitution of Pakistan (1973.), Art. 185(3)---Decision of suit on Special Oath---Applicability of Rule of Caution---Defendant's offer for decision of suit on Oath of plaintiffs' father was accepted by plaintiffs and their father appeared in the Court for making statement on oath, butt before his statement could be recorded, defendant made application mentioning therein reasons to resile from his offer---Trial Court did not consider the application and on recording statement of plaintiffs' father decreed the suit---Defendant's first and second appeals were dismissed---Defendant's contention was that Trial Court was bound to examine the reasons mentioned in application and decide same before administering oath by applying the Rule of Caution---Supreme Court granted leave to appeal to consider the contention which involved question of public importance with regard to interpretation of Ss.9, 10 & 12 of Oaths Act, 1873 as well as Art. 163 of Qanun-e-Shahadat, 1984 and the application of Rule of Caution by the Courts seized with the matter in such-like cases. PLD 1970 SC 241; PLD 1970 SC 331, 1974 SCMR 224; 1981 SCMR 162; PLD 1990 SC 841; 1995 SCMR 795; PLD 1990 SC 237 and PLD 1997 SC 823 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.----Petitioner seeks leave to appeal against the judgment dated 1st May, 2000 passed by Lahore High Court, Lahore in R.S.A. No.49/2000. 2. Briefly stating the facts of the case are that respondents filed a suit on 24th March, 1992 against petitioner for possession through their superior right of pre-emption in respect of the property which he has purchased by means of registered sale-deed dated 28th November, 1991. The suit was contested by the petitioner, however, on 8th September, 1997 respondent made offer for decision of the suit on oath, if given to Muhammad Latif, father of respondents Nos. l and 2. Petitioner accepted their offer as such the case was adjourned for 25th September, 1997 for recording of the statement of Muhammad Latif. On the said date Muhammad Latif appeared and showed his…

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