Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

Law: Oath Act, 1873

Section: 8,9,10,11

West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5 & Sched.---Oaths Act (X of 1873), Ss.8, 9, 10 & 11---Constitution of Pakistan (1973), Art.199---Constitutional petition---Resile from offer/undertaking to decide suit on oath---Effect---Plaintiff's suit for recovery of dowry articles was partially decreed by the Trial Court---Defendant filed an application that he was ready to return the dowry articles if the plaintiff took oath on Holy Quran pertaining to the possession of dowry articles---Defendant again filed another application on the same ground to return the dowry articles---Defendant resiled/backed out from his offer/undertaking---Trial Court decided the matter on merits---Appeals filed against the and decree by plaintiff and defendant were too maintained in favour of the plaintiff---Contention of plaintiff was that the offer made by the defendant was accepted by the plaintiff and the Trial Court had not taken into consideration the resile made by the defendant---Validity---Offer was accepted by the plaintiff by filing reply of the applications---Contents of the memo. of appeal filed by plaintiff revealed that the defendant resiled from his undertaking---Defendant could not be permitted or allowed to resile or back out from his offer---High Court allowed the constitutional petition and set aside the and decree passed by the Trial Court and remanded the case to Trial Court to decide it by administering the oath as offered by defendant. 1998 PSC 53; PLD 2006 SC 457 and Writ Petition No.8609/2008. ref. Mahmood Ali Butt v. Inspector-General Police, Punjab, Lahore and 10 other PLD 1997 SC 823 rel. THIS ORDER PASSED BY: ALI AKBAR QURESHI, J.--- This judgment shall dispose of this petition as well as the connected Writ Petition No.1613/2007, as common question of law and facts are involved in both these matter. 2. This writ petition is directed against the judgment and decree dated 27-3-2006 and 20-12-2005 whereby the suit filed by the petitioner to recover the dowry articles was partially decreed. 3. The petitioner of the instant petition, brought a suit to recover the dowry articles on the ground that the dowry articles were given to her at the…

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