IRFAN JAVED vs ADDITIONAL DISTRICT JUDGE, TOBA TEK SINGH Ss — 2023 MLD 483 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 483 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: IRFAN JAVED vs ADDITIONAL DISTRICT JUDGE, TOBA TEK SINGH Ss
Subject matter: Civil
Provisions referred to: S. 17; S. 2---D; Family Courts Act (XXXV of 1964); Attorney Act (VII of 1882)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

IRFAN JAVED VS ADDITIONAL DISTRICT JUDGE, TOBA TEK SINGH Ss. 8, 9, 10 & 11---Family Courts Act (XXXV of 1964), S. 17(2)---Power of Attorney Act (VII of 1882), S. 2---Dowry articles, recovery of---Special oath---Suit for recovery was consolidated with two other matters (for recovery of maintenance allowance and custody of minors) pending adjudication before Family Court and in consequences additional issues were framed---During cross-examination, an offer was made by petitioner's counsel qua decision of the matter through special oath on the Holy Quran by petitioner; which offer was not accepted by respondent/wife---Respondent/wife, instead, signified her willingness to state on oath by putting her hands on the Holy Quran and on the heads of her children that her dowry articles were lying at defendant's house, which proposal was accepted by the petitioner's counsel---On the adjourned date petitioner moved an application that he did not instruct his counsel to make offer to respondent/wife for taking her special oath and that such offer was under misconception---Petitioner's application was dismissed and the statement of respondent/wife was recorded under special oath and her suit for recovery of dowry articles was consequently decreed---Petitioner contended that no specific direction was given by him to his counsel for resolution of the controversy qua dowry articles through special oath; that his counsel was not authorized either to make any offer to other side or to accept any such offer; that whole proceedings regarding offer and so-called acceptance by his counsel took place in his absence; and that procedure adopted by learned trial court for taking special oath was against the law---Held, that document of the power of attorney contained the phrase:

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