Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXIII, R.3, Ss. 96(3) & 100---Suit for possession decreed on basis of compromise---Appeal---Defendants filed appeal against said decree contending that some of the defendants who were minors were not duly represented before Trial Court and that defendants being illiterate persons,, had no proper opportunity of understanding the import of compromise which had adversely affected their rights---None else other than two defendants had challenged compromise by filing appeal and matter was not challenged by them before Trial Court which recorded the compromise---Both defendants who were represented by their counsel had accepted compromise, made their statements in Court in presence of their counsel before Court decided the matter on basis of the compromise- --Appellants, in circumstances, could not take advantage of non-representation of other defendants, who had not even chosen to challenge compromise---Other defendants, among whom some were minors and were represented by guardian ad litem who otherwise had not challenged compromise, were merely pro forma defendants whose share was not in dispute and were not even necessary parties---Minors who, at the relevant time were minors, had since become majors, .had not challenged the compromise---Attempt of defendants to challenge compromise being afterthought, their appeal was rightly dismissed. Muhammad Ismail v. Muhammad Ashraf PLD 1982 Lah. 197; Muhammad Sadiq Gondal v. Additional District Judge and others 1986 CLC 326; Moulvi Zahir-ul-Said Alvi v. Rai Sahib Seth Lachhmi Narayan AIR 1931 PC 107; Sajjad Hussain v. Musarat Hussain Shah and others 1989 SCMR 1826 and Muhammad Hussain Shah and others v. Sajjad Hussain and another 1989 SCMR 1752 ref. JUDGMENT Suit filed by Saeed Ahmad and three others for the possession of their share in the suit-land was disposed of by the learned Civil Judge, Kasur on the basis of compromise, dated 22-3-1968 and the decree was passed accordingly. Allah Ditta and Sannatta who were defendants in the suit filed an appeal thereagainst, which was dismissed by a learned Additional District Judge, Lahore (Camp at Kasur) on 26-6-1969 that the appeal…

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