Ex—parte Proceedings ordered on defendant’s failure to atten.d the Court to take oath proposed by the plaintiff—Misuse of power under Order 9, r.—12.C.P.C.
The powers given by Order 9, rule 12, Civil Procedure Code cannot be employed to force an old and respectable person quite possibly from a sick bed, upon the demand of the plaintiff, to Court in order to take an oath in support ,r otherwise of the plaintiffs case. Indeed section 9 of the Oaths Act, which enables the Court to give effect to an offer by a party to be bound by the oath of the opposite party, clearly provides that “no party or witness shall be compelled to attend personally in Court solely for the purpose of answering such question” i.e. whether or not he will make the oath. Md. Ismail Vs Abdul Khaleque (1960) 12 DLR (SC) 261.

Oath (swearing on Quran) is similar to an agreement by contract—Consideration which weighs to repudiate a contract is also applicable in case of an oath. Mst. Asifa Sultana Vs. Honest Traders, (1970) 22 DLR(SC) 303.