Law: Civil Procedure Code (V of 1908)

Section: O.IX,XXIII,R.3,13

Law: Limitation Act, 1908

Section: 156

(a) Civil Procedure Code (V of 1908)--- ----O.XXIII, R. 3---Suit for recovery of money---Compromise of suit after recording its terms and conditions in court---Compromise partly acted upon---Non-payment of balance amount by defendant seeking return of cheques in possession of plaintiff---Plaintiff refused to accept such condition of defendant for being not relatable to suit---Recording failure of compromise by Trial Court for such reason---Validity---Trial Court had no option, but to pass- decree for unpaid amount, which could be recovered from defendant in execution---Such observation of Trial Court was wholly without jurisdiction---High Court passed decree in accordance with compromise. Sourendra Nath Mitra and others v. Tarubala Dasi AIR 1930 PC 158; Charles Hulert Kirsch v. Edward Ketih Walcott and others AIR 1929 PC 289 and Shaukat Habibi and 5 others v. Raja Muhammad Bashir and another 2004 YLR 175 ref. (b) Civil Procedure Code (V of 1908)--- ----O.IX, R.13---Non-appearance of defendant on a date, when miscellaneous application was fixed for hearing---Ex parte decree, passing of---Validity---Trial Court could dismiss application for non-prosecution, but could not proceed ex parte in suit against defendant. Qazi Muhammad Iqbal v. Hasin Jahan and 3 others 1993 SCMR 1949 rel. (c) Civil Procedure Code (V of 1908)--- ----O.IX, R.13---Limitation Act (IX of 1908), Art. 156---Ex parte decree, setting aside of---Non-appearance of defendant on a date, when not suit, but only miscellaneous application was fixed for hearing---Delay in riling appeal against such decree---Validity--Impugned was wholly without jurisdiction---Question of limitation would not arise in such case, and same would be of no significance. Sardar Ahmad Yar Khan Jogezai and 2 others v. Province of Baluchistan through Secretary C & W Department 2002 SCMR 122 rel. THIS JUDGMENT DELIVERED BY: MAULVI ANWARUL HAQ, J.--- On 22-10-1995, respondent No.1 filed a suit against the appellants and respondents Nos. 2 and 3 for recovery of Rs.32,39,412. In view of narration of the facts to follow the contents of the plaint need not be reproduced in detail, suffice it to say that as per details given in…

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