Law:

Section:

Civil Procedure Code (V of 1908)--- ----Ss. 114 & 151 & O. XLVII, R. 1---Suit for declaration---Order on the basis of compromise---Review---Estoppel---Scope---Judgment and decree based on compromise between the parties was announced and dictated in the open court in presence of both the parties---Consent order could not be set aside on a motion under S. 151, C.P.C. nor by invoking O. XLVII, R. 1, C.P.C.---Judgment by consent was as effective as estoppel between the parties as a whereby court would apply its mind on a contested case---Well reasoned had been passed which could not be re-opened or reviewed---Review was not competent in the present case which was dismissed. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, JUSTICE:----------- This is a review petition under section 114, C.P.C. against the judgment passed by this court in Civil Revision No.1092/2003, passed on 03.09.2012, whereby respondent No.1 Muhammad Ayub was held entitled for an excess area of one Kanal 11 Marlas instead of 9 Marlas in Khasra Nos.3115/ 1509 and 3287/1499 situated at Patwar Circle Maira Tangi Barazai, District Charsadda. 2. Briefly stated facts of the case are that, Mirza Gul and other petitioners/ plaintiffs instituted a suit bearing No. 94/1 of 1996 against Muhammad Ayub and others respondents/defendants for declara-tion and mandatory injunction while Muhammad Ayub and others respondents/ defendants also filed a suit bearing No.93/1 against the petitioners/plaintiffs. Both the suits were contested by each of the party and after recording pro and contra evidence of the parties, the learned trial court vide its judgment and decree dated 22.01.2001 dismissed both the suits. 3. Feeling aggrieved from the findings of the aforesaid judgment of the trial court both the parties preferred Appeals bearing Nos. 65/13 and 138/13 and vide judgment of the learned Additional District Judge-I Charsadda, camp court at Tangi, dated 11.11.2003, accepted the appeal of Muhammad Ayub and other respondents/ defendants set aside the order of the partition passed by the collector while Appeal No. 138/13 filed by Mirza Gul and other petitioners/plaintiffs was dismissed. 4. Dissatisfied with the…

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