ALI BAQAR NAJAFI, J. --- Through this revision petition, the petitioner seeks setting aside of the order dated 11.4.2003, whereby the appeal of the respondent was accepted and the impugned judgment dated 4.10.2001 was set aside on the basis of affirmation of oath sworn by the respondent.
2. The brief facts leading to the filing of this petition are that Noor Ellahi petitioner filed a suit for specific performance through her husband as general attorney against the respondent on the basis of lqrar Nama dated 15.7.1993. The suit was decreed on 4.10.2001, whereafter an appeal was filed on 24.10.2001, which was dismissed on the basis of affirmation of oath sworn by the respondent on 11.4.2003. Hence, the present revision petition.
3. The learned counsel for the petitioner submits that the power-of-attorney was executed on behalf of Mst.
Noor Ellahi in favour of Sajwar, her husband, who filed a civil suit as the duly authorized person and she never gave consent to decide the matter on the basis of affirmation of oath; that son of the petitioner, namely, Naik Muhammad filed the said application on his own, whereupon he made the statement without the approval and sanction of the petitioner; that such permission was not even accorded by Sajwar, the attorney of the petitioner; that the petitioner, being Parda Nasheen lady, was required to appear in person before the Court; that said Naik Muhammad was not party to the proceedings, as the matter in dispute was between Mst. Noor Ellahi and her real brother, namely, Ghulam Nabi respondent; that under Section 8 of Oaths Act, it is only the party to the dispute who can offer the solemn affirmation and not any other person claimed to have acted on his behalf without prior permission and prays for setting aside of the impugned order.
4. Conversely, the learned counsel for the respondent submits that the application was filed by the petitioner who authorized her own son to make such an offer; that since the matter was between the brother and sister who reached on an honourable settlement but the attorney of the petitioner, namely, Sajwar did not permit the settlement of the dispute; that the offer to decide the case on oath once accepted cannot be withdrawn, which fully binds the parties and, therefore, prays for dismissal of the revision petition.
5. I have heard the learned counsel for the parties and perused the available record.
6. The record reveals that application of the petitioner dated 10.04.2003 was duly thumb-marked by Mst. Noor Ellahi and on the following day, the respondent affirmed on Holy Qur'an that he had never executed any lqrar Nama in favour of Mst. Noor Ellahi. Naik Muhammad acting on behalf of his mother alongwith the counsel accepted the oath, whereafter the judgment dated 4.10.2001 was set aside by the Appellate Court. Under Section 8 of Oaths Act, such an offer, if not repugnant to justice or decency and not purporting to affect any third person, can be given due weight and the Court may decide on oath or affirmation. The application was thumb-marked by the petitioner and verified by none other than her own son by stating definite terms of the oath. Mst. Noor Ellahi petitioner was a party to the dispute whose offer of deciding the Ifs on the basis of oath on Holy Qur'an was accepted by the respondent. In my humble opinion, the learned Appellate Court has fulfilled all the legal requirements while tendering such an oath. Mst. Noor Ellahi petitioner being Parda Nasheen lady was well protected and properly advised, whereafter she permitted her own son to make a statement of her behalf.
7. In this view of the matter, this revision petition has no merits and the same is hereby dismissed.
Civil revision .