Judgment

YOGESHWAR DAYAL, J.:- This Special Leave Petition filed by Sh. K. M. Singh, who was a finance officer of the Association of Indian Universities, AIU House, 16 Kotla Marg, New Delhi, is against the judgment dated 26th April, 1991 passed by the learned single Judge of the High Court of Delhi in Civil Revision No. 359 of 1989.

2. In the revision petition the petitioner had sought to set aside an order dated 30th January, 1989 passed by the learned Additional District Judge, Delhi, dismissing the application filed on his behalf wherein he had prayed for cancelling an order dated 14th October, 1988 vide which a part of the claim of the suit of the petitioner/ plaintiff covered by issue No. 1 was ordered to be dismissed as withdrawn.

3. The facts giving rise to the filing of the revision petition were that the petitioner had filed a suit inter alia for declaring that the resignation tendered by the petitioner/ plaintiff was involuntary and a result of fraud, coercion and threat as well as the inducement as alleged in the plaint. This plea of the petitioner was subject matter of issue No. 1.

4. During the course of the proceedings the petitioner had filed an application dated 14th October, 1988 purporting to be under O. 10, R. 2 read with S. 151 of tie Code of Civil Procedure. In this application it was prayed that if Sh. Amrik Singh and Sh. R. P. Mahendroo, officers of defendant No. 1. took special oath in Gurudwara and Mandir respectively to the effect that the resignation of the plaintiff was not extracted from him on 5th April, 1976 under duress, fear, inducement, fraud, coercion then that part of the claim might be dismissed as withdrawn. The plaintiff/petitioner in fact made this statement before the Additional District Judge and Sh.Amrik Singh and Sh. Mahendroo accepted the said challenge. They were ready to take special oath in Gurudwara and Mandir in terms of the plaintiffs statement. Consequently a local commissioner was appointed by the Additional District Judge who administered the oath to the said two persons in Gurudwara and Mandir respectively, as desired by the plaintiff/ petitioner and accordingly the learned Additional District Judge ordered on 14-10-1988 dismissal of that part of the claim covered by issue No. 1 as withdrawn. The revision petition was directed against this order as well.

5. That on the next date i.e. 15th October, 1988 the plaintiff/petitioner filed another application with the prayer to decide the aforesaid issue No. 1 on merits and evidence and the defendants may not be allowed to take advantage of the blunder committed by the plaintiff/ petitioner and for cancelling the order dated 14th October, 1988. This application dated 15th October, 1988 was dismissed by the trial court by order dated 30th January, 1989.

6. In the reply filed to the Special Leave Petition it is pointed out that the suit was fixed on 14th October, 1988 for further evidence of the defendants and in fact on the said date Dr. Amrik Singh was to be cross-examined by the petitioner. Dr. Amrik Singh as well as Sh. R. P. Mahendroo, Under Secretary of the Association of Indian Universities were present in the Court and when the suit was called the petitioner filed the application dated 14th October, 1988 wherein he had offered to abide by the statement made by Dr. Amrik Singh and Sh. R. P. Mahendroo. Whereupon both Dr. Amrik Singh and Sh. R. P. Mahendroo expressed their willingness and agreed to take oath and accepted the offer. The petitioner affirmed the same and made a further statement before the Court as under:-

"Dr. Amrik Singh D. W. present in the Court and R. P. Mahindru, officials of the respondents take special oath in Gurduwara and Mandir respectively to the effect that the resignation of the plaintiff K. M. Singh was not extracted from him on 5-4-76 under duress, fear, inducement, fraud or coercion then that portion of the plaint shall be dismissed as withdrawn."

The said offer made by the petitioner was put to both D