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Petitioner: Syed MUHAMMAD RAMZAN VS Respondent: MUSLIM ZAIDI and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: Syed MUHAMMAD RAMZAN vs MUSLIM ZAIDI and others Case No.: Civil Petition for Special Leave to Appeal No,146 of 1986 Date of Judgment:1989-06-12 Reported As: 1990 SCMR 681 Result: Petition dismissed
Judgment ORDER S. USMAN ALI SHAH, J.--Syed Muhammad Ramzan petitioner seeks leave to appeal against the order of the Lahore High Court, passed in Civil Revision No,2088-D/84 arising out of a suit for specific performance of an agreement to sell the property in dispute on 15-11-1977. The suit of the petitioner after contest by the respondents was dismissed. His appeal before the Addl. District Judge was also dismissed vide order dated 4-12-1984 and it was held that the petitioner is bound by the statement of respondent No,2 taken on special oath. Civil revision of the petitioner before the Lahore High Court was also dismissed vide order dated 26-10-1985.Hence this petition for leave. ' After hearing the learned counsel for the petitioner in the light of the concurrent findings of fact concluded in favour of the respondents, we have come to the conclusion that there is no merit in this petition for consideration of this Court. As the petitioner himself made an offer to the respondent No,2 to give statement on the Holy Qur'an in presence of his counsel which he did and the same was duly signed by the learned Addl. District Judge as such the petitioner is now hound by the statement of the opposite party and he cannot resile after such an oath. Resultantly, this petition is dismissed.