Law:

Section:

Civil Procedure Code (V of 1908)-----O. XXIII, r. 3 read with O. XXXII, r. 7(1)--Compromise of suit-Compromise on behalf of minor defendants-Parties reporting to Court to decide appeal in terms of statement made on Holy Qurari in Court by a named person--Court first recording order under O. XXXII, r. 7 granting permission for compromise (some defendants being minors), recording statements of parties and thereafter that of named person-No reference rnride to so-called award allegee to have been made by such named person in petitioner's favour---Document described as award no 3oubt filed in Court but not pressed into service by either party when matter came to be finally decided--Court, held, justified in passing order on basis of' statement made on special oath by named person and too late to urge Court to have placed reliance on so-nailed award. Muhammad Akbar v. Mohammad Aslam P L D 1970 S C 241 and Jalal Din v. Chiragh Din P L D 1972 Kar. 622 distinguished. JUDGMENT ANWARUL HAQ, J-----The petitioner Ghulam Haider had brought a declaration to the effect that he was owner in possession of the land an dispute, and that he had not sold the same in favour of the defen­dants. The suit was, however, dismissed by the trial Court on 1-2-1973. The plaintiff, thereupon, filed an appeal, which came up for hearing before the learned Additional District Judge, Gujranwala, on 9-4-1974, on which date a compromise was arrived at between the parties to the effect that the appeal may be decided according to the statement made by one Jewan on the Holy Qur'an. The learned Additional District Judge recorded the statements of the parties, and also gave permission for the compromise under Order XXXII, rule 7 (1) of the Code of Civil Procedure in respect of the minor defendants. The said Jewan thereupon took the oath, as agreed to between the parties, and stated that Ghulam Haider had sold the land for a sum of Rs. 32,000 and had also received the price, and that there had been no fraud practised on him. Acting on the basis of this statement on special oath, the learned Additional District Judge dismissed the petitioner's appeal by his order dated the 9th of April 1974. Aggrieved by…

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