KHADIM HUSSAIN Vs. MAQBOOL HUSSAIN

JUDGEMENT

(1.) An important question of law has been raised in this petition as to whether a party has a right in law to retract the offer made by it under the Judicial Oaths Rules, 1950 (hereinafter referred to as the Rules of 1950)?

(2.) The relevant facts for the disposal of this petition are that the petitioner filed a suit for recovery of Rs. 36.000/- against respondent in the Court learned Sub-Judge, Rajouri. The respondent appeared before the learned trial Court and contested the suit. The case was posted for hearing on 29th of September 2005. The respondent on the said date moved an application for giving special oath of Holy Quran to the petitioner by pleading that he has paid an amount of Rs. 32,000/- to the petitioner and only Rs. 4000/- is outstanding against him. It was pleaded that the petitioner has instituted a false suit against the respondent and in case he takes a special oath of Holy Quran and gives a statement that he has not received any amount from respondent-defendant and that full amount of Rs. 36000/- is payable to him, then the respondent is ready to keep the whole amount on the Holy Quran and the petitioner after making the aforesaid statement can take away the said amount for which the respondent would have no objection.

(3.) The learned trial Court on 29th of September 2005. when the aforesaid application was presented by the respondent, passed the order, the English translation of which is as under :- "Parties present along with their counsel. At this stage, the defendant presented the application for giving oath to the plaintiff stating that in case the plaintiff takes oath he will place the amount on the Holy book of Quran and plaintiff is free to take it. Copy of application has been given to the plaintiff in the open Court. The parties have no objection in this regard. The signatures of parties have been obtained on the margin of file. To come for further proceedings on 29th of October 2005. Order announced." On 29th of October 2005, the matter was adjourned to be taken on 21st of November 2005. On the said date, following order came to be passed :-