Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----Ss. 2(2) & 96(3)---"Consent decree"---Scope---Consent decree has not been separately defined in Civil Procedure Code, 1908---For all intents and purposes "consent decree" is decree of Court and provisions of Civil Procedure Code, 1908, are applicable to such decree also except where specifically excluded such as S. 96(3), C.P.C. which has provided that consent decree is not appealable. (b) Civil Procedure Code (V of 1908)--- ----S. 151 & O.XX, R.3---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.27---Consent decree---Amendment---Impleading of new party---Suit was decreed in favour of Bank with the consent of parties---Subsequently parties arrived at new settlement and sought amendment of decree as well as impleading a new party---Validity---Consent decree was an agreement, like any other agreement and it was open to parties to enter into compromise with reference to their rights and obligations under a decree---Nothing existed in Civil Procedure Code, 1908, or Financial Institutions (Recovery of Finances) Ordinance, 2001, which could prevent parties to seek amendment of consent decree by circumventing mandatory provisions of Civil Procedure Code, 1908, and Financial Institutions (Recovery of Finances) Ordinance, 2001--- Parties even with consent could not confer jurisdiction on Court to amend decree in contravention of provisions of O. XX, R. 2, C.P.C. and S. 27 of Financial Institutions (Recovery of Finances) Ordinance, 2001---Once the Court had passed decree, it became functus officio except for amendment of decree as provided under law---No new person could be impleaded even as a defendant in suit after passing of decree---High Court declined to interfere in consent decree passed by Banking Court---Application was dismissed in circumstances. Messrs Muslim Commercial Bank Ltd. v. Messrs World Automobiles through Proprietor and others 2010 CLD 558; Habib and 8 others v. Haji Muhammad and 3 others PLD 1970 Kar. 495; Water and Power Development Authority through Chairman, WAPDA Lahore v. Mian Abdul Rauf PLD 2002 Lah. 268; Haji Ishtiaq Ahmad and 2 others v. Bakhshaya and 7 others 1976…

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