Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: S.36,O.XXIII,R.3

Law: Qanun-e-Shahadat (10 of 1984)

Section: 113

(a) Specific Relief Act (I of 1877)--- ----S.42---Suit for declaration---Compromise before the Court---Meaning and effect---Suit was filed on the basis of compromise deed---Contention of defendant was that compromise was procured without permission from competent authority---Suit was decreed concurrently---Validity---Compromise meant an agreement among the parties to settle the dispute for all times to come and receipt of consideration by a party thereto will not be deemed to be sacrifice of right rather relinquishment of claim---Compromise made before the Court had to be given sanctity while applying principle of estoppel---If retraction from compromise was allowed as a matter of right then it would result into distrust of public litigants over the judiciary and same would damage the image of judicial system---Parties could settle their dispute during its pendency---Resolution of dispute through compromise was a valid as well as binding arrangement between the parties---Compromise before Court of law was not to be allowed to be denied, ignored or resiled without valid reasons---Court was to honour the compromise made between the parties---Revision was dismissed, in circumstances. Abid Hussain and others v. Aziz Fatima and others PLD 1995 SC 399; Mrs. Akram Yaseen and others v. Asif Yaseen and others 2013 SCMR 1099; Government of Pakistan v. Premier Sugar Mills and others PLD 1991 Lah. 381; Messrs Shadman Cotton Mills Ltd. through Director v. Federation of Pakistan through the Chairman Central Board of Revenue (Revenue Division), Islamabad and another PLD 2009 Kar. 169; Messrs Nishat Ghunian Ltd. through Chief Officer v. Province of Punjab through Secretary, Local Government and 2 others 2013 CLC 34; Khan Iftikhar Khan of Mamdot (Represented by 6 Heirs) v. Messrs Ghulam Nabi Corporation Ltd., Lahore PLD 1971 SC 550 and Messrs Canal Breeze Cooperative Housing Society Limited v. Agricultural and Transport Development Corporation (Pvt.) Limited 2000 SCMR 506 ref. Farzana Rasool and 3 others v. Dr. Muhammad Bashir and others 2011 SCMR 1361; Upendra Nath Bose v. Bindeshiri Prosad AIR 1916 Cal. 843; Srimati Sabitri Thakurain v. Mrs. F.A. Savi and others AIR 1933…

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