Law: Civil Procedure Code (V of 1908)

Section: O.XXIII,R.3

Law: Law Reforms Ordinance, 1972

Section: 3

Civil Procedure Code (V of 1908)--- ----O. XXIII, R.3---Law Reforms Ordinance (XII of 1972), S.3---Compromise in suit---High Court appeal---During pendency of suit filed by appellant, an application was filed by counsel for appellant praying therein that suit be decreed in terms of agreement/compromise arrived at between the parties---Said application was signed only by Advocate of the appellant and it did not bear the signatures of appellant or any of respondent or their duly authorized agents to enter into any such compromise---Said application having been rejected by Single Judge of High Court, appellant had filed High Court appeal against said rejection order---Validity---In order to allow application for compromise of suit under O.XXIII, R.3, C.P.C., satisfaction of the Court was necessary---"Satisfaction" was a relative term and would differ from case to case---Facts and circumstances of present case did not show that any compromise within meaning of O.XXIII, R.3, C.P.C. had ever taken place or materialized between the parties at any time---Suit in circumstances could not be disposed of without there being any consent recorded by respondents under the signatures of their duly authorized agents or functionaries as per law and rules, especially when respondents had denied execution of any such compromise. ORDER S. ALI ASLAM JAFRI, J.---(1) Granted. (2) Exemption not necessary in view of the order being passed at serial No.3. (3) Grievance of Mr. Khan is that the application under O.XXIII, Rule 3, C.P.C. filed by the plaintiff on the basis of certain documents has been rejected by the learned Single Judge illegally and unlawfully instead of decreeing the suit in terms thereof, hence he prays for setting aside the said order and decreeing the suit. It appears that during pendency of the Suit No.659/1998 (Hadi Buksh v. The City District Government, Karachi and others) an application bearing C.M.A. No.3173/2005 was filed by the learned counsel for the plaintiff praying therein that the suit be decreed in terms of Annexure-A to the said application. For ready reference, the contents of the application are reproduced hereinafter: "It is respectfully prayed on…

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