Agarwala J. - (1.) The following question has been referred to us by a Bench of this Court for decision : "Whether a party who offers himself to be bound by the statement of any of the opposite parties or of a witness under Section 8, Oaths Act, Act X [10] of 1873, can resile from such an offer after the other party or the witness has agreed to make auoh an oath or affirmation but before such oath or affirmation had been actually administered ?"
(2.) The relevant facts are very few. The parties to this appeal are relations. They referred their dispute to arbitration. The arbitrators gave an award and the plaintiffs-respondents applied under the Arbitration Act to the Civil Judge of Jaunpur that the award may be filed in Court and a decree be passed in terms thereof. In defence the defendant-appellant raised several pleas. On 24-9-1945, the date fixed for the hearing of the case, the defendant-appellant stated, "If and whatever Balmakund plaintiff states on special oath of Gangajali, I will remain bound by it. I accept that the suit be decided according to it."
(3.) The counsel for the plaintiffs stated, "We agree to the decision of the case on the statement of Balmakund plaintiff on the oath of Gangajali.";