Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. I, R. 8 & S.12(2)---Representative suit---Compromise and ex parte decree---Scope---Compromise decree could be passed or a compromise could be made rule of the court only when all the parties to the suit had concurred to said compromise---Court had no power to give binding force to a compromise if any or few of the persons to a case or suit did not concur to any compromise when suit was of representative nature or character---Compromise decree and an ex parte decree on the basis of ex parte proceedings were quite different, two things and joining of the two were in contradiction of each other---Compromise decree would cover all the suit land and after decreeing the suit on the basis of compromise nothing would remain in the suit property for an ex parte decree---Ex parte decree passed against some of the defendants in representative suit was wrong practice---Compromise decree could not be treated operative against the defendants who were proceeded against ex parte---Trial Court had omitted to discuss the evidence of the parties while passing the impugned order---Appellate Court had failed to discuss all issues in the light of evidence of the parties---Omission of Appellate Court for not giving its findings on all issues was a material irregularity--Impugned orders were set aside and parties were directed to join trial proceedings of the suit from the stage where it was given up and Trial Court was directed to resume the trial of said suit from the same stage---Revision was accepted accordingly. (b) Civil Procedure Code (V of 1908)--- ----O. I, R. 8---Representative suit---Scope---Trial courts were bound to ascertain the capacity/powers of the representatives of the parties in representative cases. (c) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Application under S.12(2), C.P.C.----Treatment to be given to such an application by the court---Scope--- Application under S.12(2), C.P.C. normally had to be given treatment of a suit by the courts and failure of the Trial Court not to discuss the evidence of the parties was a material irregularity. ORDER MUHAMMAD ALAM, J.--- Order dated 7-5-2013 of learned…

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