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MUHAMMAD YOUSAF versus REHMAT ALI


Sections 8, 9 and 10 of the Constitution of Pakistan (1973), Article 185 (3) provide for the defendant that if he makes a statement on the oath regarding the facts of the gift, he will relinquish his claim and proceed with his case. Will be dismissed. Such offer was accepted by the respondent and upon making such statement on oath, the claim of the plaintiff against the dismissal of their claim was dismissed by the High Court order. The plaintiffs dismissed the plaintiff's argument that the co-defendant did not state the oath, at the trial. Even to the extent that the dismissal could not have been made, the named plaintiff wanted to make such statement for the purpose of deciding the entire case alone, so, no further condition could be added, no merit was found in the petition. Pie, was refused to leave to appeal

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