Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 3---Compromise decree---Scope---Parties entered into compromise and suit was dismissed as withdrawn---Execution petition seeking execution of said order was moved wherein objection petition was filed which was dismissed---Contention of applicant was that suit was dismissed on the basis of a compromise and no decree was passed to be executed---Validity---Parties to the suit had entered into an agreement settling their dispute in terms thereof---Suit was dismissed in the light of compromise deed---No decree was passed on the basis of said compromise deed; had there any such decree been passed, even then same could be termed as a contract between the parties---Breach of said compromise (contract) would give cause of action to the aggrieved party to approach the court to seek remedy in terms thereof---Trial Court while proceeding with execution petition had erred in law and committed an irregularity---Impugned order was set aside---Respondents would be at liberty to institute a separate suit for redressal of their grievance, if any, arising out of alleged non-compliance of compromise deed---Appeal was allowed in circumstances. Peer Dil and others v. Dad Muhammad 2009 SCMR 1268 and Muhammad Fazil v. Ch. Muhammad Ashraf (deceased) represented by His Legal Representatives and others PLD 1999 Lah. 1260 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 2(2)---'Decree'---Meaning---Decree follows the and is the statement given by the judge of the grounds of a decree or order. (c) Jurisdiction--- ----Question of jurisdiction being important should be decided in the first instance. THIS JUDGMENT DELIVERED BY: MIRZA VIQAS RAUF, JUSTICE:---.--- This appeal in terms of Section 104 read with Order XLVII Rule 1 of The Code of Civil Procedure (V of 1908) (hereinafter referred as "C.P.C.") assails the vires of judgment and decree dated 05th of May, 2015, whereby the objection petition filed by the appellant before the learned executing court was dismissed. 2. Precisely the facts necessary for adjudication of instant appeal are that the respondents instituted a suit for specific performance and permanent injunction on the…

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