Statement on oath can resile from such offer prior to administration of oath.

4. Sh. Naveed Shehryar, Advocate for the petitioner by and large while relying upon the dicta laid down in Mst. Asifa Sultana Vs. Honest Traders, Lahore and another(PLD 1970 Supreme Court 331) accentuated with great concern that a party offering to abide by a statement on oath can resile from such offer prior to administration of oath. I have meticulously scanned this illustrious judgment and come to the conclusion that it was left upon the discretion of the Court dealing with such proposition to decide it on the facts and circumstances of each case. The facts of the case in hand as discussed hereinabove compelled me to exercise my discretion in favour of the respondent, who had an important witness of the impugned mutation along with him, which being substantial evidence was enough to splinter the genuineness of the mutation. As per reported judgments of the apex Court delivered in the following cases:- i). Saleem Ahmad Vs. Khushi Muhammad (1974 SCMR 224) ii). Muhammad Ali Vs. Major Muhammad Aslam and others (PLD 1990 SC 841) iii). Muhammad Mansha and 7 others Vs. Abdul Sattar and 4 others (1995 SCMR 795) iv). Nasrullah Jan Vs. Rastabaz Khan (1996 SCMR 108) It was authoritatively laid down that settlement to decide the matter on oath constituted a valid agreement from which parties could not conveniently wriggle out until contract was ex facie shown to be void or incapable of implementation, which is not the case of present petitioner. As such this Court is of the view that learned Addl. District Judge was justified in refusing to permit the petitioner to resile from his offer, but he was to abide by the same.  

Part of Judgment 

IN THE LAHORE HIGH COURT AT LAHORE JUDICIAL DEPARTMENT

WP- Civil Suit
26983-12

2018 LHC 980