SUMER SINGH Vs. MOOLA

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge of Pali.

(2.) PROCEEDINGS under sec. 145 Cr. P. C. were pending in the Court of the Sub-Divisional Magistrate, Jaitaran, on complaint on behalf of Sumer Singh Jagirdar of Akeli against Moola and others in respect of a certain well and land appertaining there to. At a certain stage, the pleader for the complainant made an application that if Moola would state on oath by putting his hand on his son that the well and the land in dispute belonged to him, the complaint will be withdrawn. Before, however, Moola could take the oath, the pleader for the complainant made an application that the complainant did not agree to be bound by the oath as mentioned in the earlier application, and that, therefore, the offer made was being revoked. The learned Magistrate, however, thought that the offer to be bound by a special oath could not be revoked and passed an order accordingly on 11. 9. 51. On revision, the learned Sessions Judge of Pali has observed that a parly could resile from an agreement to be "bound by an oath of the opposite party at any time before the oath had been administered. He, therefore, recommended that the order of the Magistrate dated nth September 1951 be set aside.