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MUHAMMAD FAZIL versus SUGHRAN BIBI


Canaan Evidence Order 1984 Article 163 Civil Code of Civil Procedure (v. 1908), during the process of Section 100 Second Appeal, one of the Plaintiffs / Appellants filed a petition stating that if the particular defendant had read the Qur'an Took the oath And said that the consideration for the sale was paid to the appellant, he would not object to the decree passed in favor of retaining the defendants. The defendants accepted the challenge and took the special oath, after which the High Court Rejected the appeal of the second appellant. For the leave to appeal, was that the plaintiff offered a special oath, he was only authorized to do so by his four sisters and himself, but he was required to make a statement in the court or the case, There was no option to compromise on appeal. The special oath taken by the defendants from the other three brothers, who are the applicants, and therefore did not oblige them to the Supreme Court, however, it was found that the lawyer in the second appeal, including all the applicants, all the defendants combined. And such a lawyer was present in the court throughout the proceedings. Special oath was taken in his presence and a court order was also passed in his presence; no petition was raised before the High Court so that the present petitioner's appeal in pursuance of the defendant's statement after the oath statement. Can't exclude The latter did not represent him as his brother offered, the Supreme Court granted leave to appeal on the basis of the plea made by the petitioners before the Supreme Court.

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