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RAZA AHMAD KHAN versus AHMAD RAGA


Article Appeal (Civil) Pending Appellant has suggested that the defendant's appeal could be accepted if the defendant swears by the Qur'an that he did not sell the house or merely mortgaged it. Has accepted the defendant's offer and under his oath, the appeal has been accepted. It is convinced that in this case the sale and sale of the house was a contract because such oath was not appropriate and could not constitute a valid basis for deferring the appeal, it had no power to administer the oath. In the statements in the queries, the parties used the word "sale" instead of the word "sale contract", which was unusual in other cases, [appeal].

1981 C L C 441

[Lahore]

Before Muhammad Ilyas, J

RAZA AHMAD KHAN‑Petitioner

versus

AHMAD RAZA‑Respondent

Civil Revision No. 1911/1) of 1980, decided on 22nd November, 1980.

Oaths Act (X of 1873)‑

S.4‑Appeal (civil)‑Pending appeal petitioner proposing that if respondent would swear by Holy Qur'an that he had not sold house to him and had simply mortgaged same, respondent's appeal may be accepted‑On respondent's accepting offer and making prescribed oath appeal accepted accordingly‑Contention that subject‑matter of suit was agreement to sell house and not sale of house as such oath was not proper and could not constitute valid basis for disposal of appeal, held, had no force‑Mere fact that in statements in regard to oath in question parties had used word "sale" instead of words "agreement of sale", held further, immaterial in circumstances of case. [Appeal (civil)].

Sheikh Inayat Ali for Petitioner.

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