| Case ID |
ece79b8c-4161-4be8-9828-e95e251d36a2 |
| Body |
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| Case Number |
Civil Petition No. 499/L of 1993 |
| Decision Date |
May 08, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by Muhammad Mansha and others against the judgment of the Lahore High Court, which upheld the decision of the trial court. The case revolved around an offer made by the plaintiff to accept a special oath as a basis for the suit's outcome. The court found that the plaintiff could not resile from the offer once it had been accepted by the defendant. The decision emphasized that the binding nature of the contract created by the oath cannot be ignored unless proven void or frustrated. The trial court's dismissal of the suit was thus upheld across all appellate levels, demonstrating the importance of adhering to agreed-upon legal terms. |
| Summary |
In the case of Muhammad Mansha and others vs. Abdul Sattar, the Supreme Court of Pakistan examined the implications of a special oath offered by the plaintiff in a civil suit. The core issue was whether the plaintiff could withdraw his offer after it was accepted by the defendant. The court highlighted that once an offer is accepted, it creates a binding contract. The ruling underscored the legal principles surrounding oaths and their enforceability in civil disputes. This case serves as a critical reference for matters involving contractual obligations and the sanctity of oaths in legal proceedings. Keywords: civil suit, binding contract, special oath, legal principles, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
WALI MUHAMMAD KHAN
|
| Lawyers |
Ch. Khurshid Ahmad, Advocate Supreme Court,
Tanvir Ahmad, Advocate on-Record,
Malik Abdul Majeed Khan, Advocate Supreme Court,
Walayat, Advocate on-Record
|
| Petitioners |
7 others,
MUHAMMAD MANSHA
|
| Respondents |
4 others,
ABDUL SATTAR
|
| Citations |
1995 SLD 696,
1995 SCMR 795
|
| Other Citations |
Attiqullah v. Kafayatullah 1981 SCMR 162,
Muhammad Akbar v. Muhammad Aslam PLD 1970 SC 241
|
| Laws Involved |
Oaths Act (X of 1873)
|
| Sections |
9,
11
|