| Case ID |
161f84d8-d567-4e1b-9add-ece9ad4fcf16 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.699 of 1984 |
| Decision Date |
Nov 20, 1988 |
| Hearing Date |
Nov 20, 1988 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the dismissal of the plaintiff's suit. The plaintiff had contended that the dismissal was unjust because the co-defendant had not made a statement on oath regarding the gift in question. However, the court found that the plaintiff had previously agreed to the terms of the oath taken by the defendant, and thus the dismissal was upheld. The court ruled that the plaintiff could not impose additional conditions after the fact. Therefore, the leave to appeal was refused due to a lack of merit in the petition. |
| Summary |
In the case of Muhammad Yousaf vs Rehmat Ali, the Supreme Court of Pakistan addressed the issue of oaths in legal proceedings. The plaintiff claimed ownership of a property based on an oral gift from Taj Muhammad. The plaintiff offered the defendant, Rehmat Ali, to make a statement on oath that the gift had not occurred, leading to the dismissal of the suit when the defendant complied. The court held that since the plaintiff had agreed to the terms of the oath, he could not later argue that the suit should not have been dismissed due to the co-defendant's lack of a statement. This case underscores the importance of clear agreements in legal proceedings and the binding nature of oaths taken in court. The decision highlights the court's role in ensuring that legal agreements are honored and reinforces the principle that a party cannot later change the terms of an agreement after it has been executed. The ruling serves as a critical reminder for litigants regarding the implications of their agreements in legal contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZUILAH,
JAVID LQBAL
|
| Lawyers |
M. M. Saeed Beg,
S. Inayat Hussain
|
| Petitioners |
MUHAMMAD YOUSAF
|
| Respondents |
others,
REHMAT ALI
|
| Citations |
1989 SLD 648,
1989 SCMR 601,
1989 SLD 1204
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Oaths Act (X of 1873)
|
| Sections |
185(3),
8,
9,
10
|