An offer or proposal to be bound by on oath statement of the opposite party after its acceptance and administering special oath is binding upon the parties, who then cannot wriggle out from the same and in the absence of satisfactory or sufficient cause the Courts are obliged to implement the agreement and rest the decision of the case on the basis of the binding contract.
The Oath Act has not provided any procedure for recording the statement on special oath but the Court can adopt its own procedure ensuring that no prejudice is caused to any of the parties to the lis.
The Oath Act does not prescribe any formality of procedure for a special oath. What required is an offer (section 8 of the Oath Act), its communication to the other party or witness by the Court in terms of section 9 of the Oath Act and acceptance, followed by administration of oath and then statement, as envisaged in section 10 of the Oath Act. Section 11 of the Oath Act provides that the evidence so given shall, as against the person who offered to be bound as aforesaid, be conclusive proof of the matter stated.
R. S. A. No. 08 of 2012
Abdul Sattar Khan versus Muhammad Ibrahim (deceased) through L.Rs. and others
09-04-2024
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