SULTAN MAHMOOD vs MUNIR AHMAD Ss — 2025 PLD 421 SUPREME-COURT

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SULTAN MAHMOOD VS MUNIR AHMAD Ss. 8 & 9---Civil Procedure Code (V of 1908), O.IX, R.13---Qanun-e-Shahadat (10 of 1984), Art. 163---Specific Relief Act (I of 1877), Ss. 8, 12 & 42---Suit for possession, specific performance of agreement to sell and declaration---Special oath, administering of---Stage of suit---Proceedings for setting aside ex-parte decree---Suit filed by respondent/plaintiff was decreed ex-parte and appellants/defendants during proceedings to set aside ex-parte decree offered for special oath---Trial Court dismissed application for setting aside of decree and on the basis of special oath decided the suit in favour of respondent/plaintiff---Validity---Offer of special oath was triggered when application under Order IX, Rule 13, C.P.C. for setting aside ex-parte order was fixed for evidence of the respondent/plaintiff, while partial evidence of appellants/defendants in such regard had already been recorded---It was at such stage when the offer was made---If at all special oath could have been offered, it could only be to the extent of deciding pending application under Order IX, Rule 13, C.P.C.---Procedure required in terms of Article 163 of Qanun-e-Shahadat, 1984 read with sections 8 and 9 of Oaths Act, 1873 did not contemplate a decision of dispute which had already been rendered ex-parte---Decision on oath is one of the prescribed ways of disposal but at the same time Courts are bound to handle such cases with great care---Ex-parte judgment and decree was a past and closed transaction and it could only be opened once application under Order IX, Rule 13, C.P.C. could have been allowed and not otherwise---Corpus before Trial Court was a miscellaneous application and not the main suit---Judge in Chambers of High Court in exercise of revisional jurisdiction exceeded its jurisdiction, when Lower Appellate Court had exercised its jurisdiction properly---Revisional Court misread powers conveyed to the attorney which had not enabled the attorney to propose offer on a special oath---Supreme Court set aside judgment passed by Judge in Chambers of High Court and restored that of Lower Appellate Court, which was incorrectly set aside---Appeal was allowed.

SULTAN MAHMOOD vs MUNIR AHMAD Ss — 2025 PLD 421 SUPREME-COURT

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