FAYYAZ AHMAD vs SUBAY DEEN Ss — 2024 PLD 70 LAHORE-HIGH-COURT-LAHORE

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FAYYAZ AHMAD VS SUBAY DEEN Ss. 8, 9, 10 & 11---Special oath, administration of---Binding upon the party---Principle of approbate and reprobate---Petitioner/plaintiff instituted suit for specific performance on the basis of an agreement, allegedly executed between him and the respondent/defendant with respect to suit-property---Process of adducing evidence was in progress when an application for administration of special oath was filed by the petitioner/plaintiff; offer contained therein was accepted by the respondent/defendant and as a consequence of the same oath of one person(defendant' witness) was administered and on the basis of the same, the suit was dismissed---Said decision was assailed through appeal by the petitioner/plaintiff, which was also dismissed---Contention of the petitioner was that said witness, when appearing as one of the defendant's witnesses, made some false statement, which disturbed him, due to which he made the offer for administration of special oath whereas Trial Court should have acted carefully to see that the statement was not recorded in snap speed and the Trial Court should not have acted so promptly, rather every possibility of ambiguity or emotions should have been ruled out before permitting the administration of oath and/or to rest the decision on such oath---Validity---Record revealed that the proceedings of the suit was at the stage of producing evidence---Petitioner completed his evidence and when the evidence of the respondent was being recorded, the petitioner filed the application which clearly revealed that the petitioner was desirous to have decision on special oath---Petitioner made the offer in terms of S. 9 of the Oaths Act, and the application to such effect was signed by him as well as his counsel---Application was filed after three days of the relevant event( i.e. the statement of defendant' witness, upon which the petitioner showed satisfaction to make the offer-in-question); said offer was accepted by the other side as well as the witness concerned and the Trial Court proceeded to administer the special oath of said person/witness in terms of the Oaths Act---There appeared to be no haste, in making the offer or its acceptance---Petitioner took his time, then instructed his lawyer to make the offer, who after drafting the application obtained his signatures on the application---Thereafter, the statements of the counsel for the parties were recorded, which were followed by the special oath---Wording of the application as well as the impugned order passed by the Trial Court revealed that there was no ambiguity as to the offer or the significance upon acceptance---Petitioner was fully aware that the statement on oath, if given, would be binding upon him and it could have consequence of dismissal of the suit---Trial Court noticeably remained careful---Not only the written request duly signed by the petitioner, containing his verification, was brought on the record but at the same time the statements of the counsel for the parties were recorded---Consequences of the offer were very clear to the petitioner---Petitioner could not be allowed to back out from a statement/offer after it had culminated into a binding contract and when the contract had been acted upon---Said attempt by the petitioner to withdraw from the statement and his dual stance also attracted the principle of approbate and reprobate with full force---No illegality or infirmity had been noticed in the impugned judgments and orders passed by both the Courts below---Revision was dismissed, in circumstances.

FAYYAZ AHMAD vs SUBAY DEEN Ss — 2024 PLD 70 LAHORE-HIGH-COURT-LAHORE

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