| Case ID |
2d0cfac8-cd5c-4ef7-bb66-25c990b6fafa |
| Body |
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| Case Number |
Civil Revision No. 122/13 of 1983 |
| Decision Date |
Nov 08, 1992 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petitioner’s revision petition, emphasizing that a litigant cannot benefit from their own misdeeds, specifically regarding the special oaths taken in the case. The petitioner initiated the matter of oaths and cannot later dispute their validity. The court highlighted that the exercise of discretion in revisional jurisdiction is largely influenced by the conduct of the parties involved. The court found no grounds to interfere with the lower court's decision as the appeal was not tenable, and both parties were to bear their own costs. |
| Summary |
In the case of Civil Revision No. 122/13 of 1983, the Lahore High Court addressed issues surrounding the validity of special oaths taken in a civil suit concerning specific performance of an oral agreement for the sale of a house in Ichhra, Lahore. The petitioner, INAM-URREHMAN, alleged a breach of contract by the respondents, JALAL DIN and AHMAD SAOUD. The court emphasized principles of approbate and reprobate, asserting that a litigant cannot retract from their own actions that they previously endorsed. The decision reinforced the importance of adhering to the spirit of the Oaths Act and the Civil Procedure Code, particularly Section 115, which governs the exercise of revisional jurisdiction. The court ultimately dismissed the revision petition, highlighting the discretionary nature of the jurisdiction exercised and the necessity for parties to be consistent in their claims. This case serves as a significant reference in understanding the implications of oaths in civil proceedings and the doctrine that prevents a party from benefiting from their own errors or misdeeds, aligning with broader Islamic injunctions on honesty and integrity. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. AMJAD KHAN, J
|
| Lawyers |
Syed Riaz-ul-Hassan Gillani,
Mian Munawar Hussain
|
| Petitioners |
INAM-URREHMAN
|
| Respondents |
JALAL DIN,
AHMAD SAOUD
|
| Citations |
1995 SLD 972 = 1995 CLC 428
|
| Other Citations |
Not available
|
| Laws Involved |
Oaths Act (X of 1873),
Civil Procedure Code (V of 1908)
|
| Sections |
Section 8,
Section 115
|