Sections 8 to 12 of the Specific Relief Act (of 1877), the Section 12 suit for the specific performance of the oral sale agreement refuse to make such an agreement and the defendant forcibly withdraws his case. Offers to do, if one of the three defendants' brothers takes the oath exclusively from the Quran about not receiving the balance due by one of the defendants. Defendant's failure to present one of his brothers to the court, the trial court has appealed through the appellate court, his brother appeared in court and made a statement on the oath, then the defendant's brother In the event of refusal to take an oath, the defendant is bound to sue under it, may record reasons for it, but in this way the denial could not order the defendant to prosecute. Can't be punished because none of the defendant's brothers was ready to appear before the court for oath, nor did they refuse to take such an oath. Therefore, it had no legal value and the trial. The court was bound to decide the case on merit; the High Court, after recording the evidence of both parties, referred the trial court to the trial court for a similar decision on the merit. \ R \ n
Related judgments — Lahore High Court Lahore, 2012
