Law: Civil Procedure Code (V of 1908)

Section: 12(2)

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

Section: 129(e)

Civil Procedure Code (V of 1908) S.12(2)QanuneShahadat (10 of 1984), Art. 129(e)Bar to further suitCollusion of Reader of the CourtSignature obtained on blank paperScope filed application under S.12(2), C.P.C., challenging the compromise decree on the ground that he was persuaded by his newly engaged counsel that the respondent/plaintiff intended to withdraw the suit on account of fear of its failure, therefore, he embossed his thumb mark on the margin of order sheet and Reader of the Court being collusive obtained the same on blank paperValidityWithdrawing party always put its thumb impression or signatures when the statement was made even with regard to any sort of development in the suitRecord of case did not reflect recording of statement of petitioner by the ReaderSanctity was attached with Court proceedings and mere filing of affidavit by any party or even by counsel was not sufficient unless procedural defect was not floating on the surfaces application was rightly dismissedConstitutional petition was dismissed. Mst. Zulaikhan Bibi through LRs and others v. Mst. Roshan Jan and others 2011 SCMR 986; Muhammad Iqbal through duly Authorized Attorney v. Muhammad Ahmed Ramzani and 2 others 2015 CLC 396; Mst. Nasira Khatoon and another v. Mst. Aisha Bai and 12 others 2003 SCMR 1050; Anwr Hayat and 4 others v. Mst. Durre Samin and 4 others 2012 CLC 1536; Abdul Rasheed and 7 others v. Nasrullah and 8 others 2010 YLR 309; Riaz Ahmad (Rana Riaz Anjum) and another v. The Bank of Punjab 2016 CLD 596; Lahore Development Authority v. Firdous Steel Mills (Pvt.) Ltd. 2010 SCMR 1097; Mst. Zaitoon v. Mst. Rehmi through L.Rs. 2005 MLD 978; Muhammad Azeem and 3 others v. National Bank of Pakistan and 8 others 2001 MLD 135; Mrs. Shakila Zaidi through Attorney and 8 others v. Hammad Asif Dosslani and others 2011 CLC 1011; Mehr Din through Legal Heirs v. Azizan and another 1994 SCMR 1110 and Muhammad Ramzan v. Muhammad Akbar Bhatti and others 2013 CLC 1561 ref. Fayyaz Hussain v. Akbar Hussain and others 2004 SMCR 964 and Muhammad Ramzan v. Lahore Development Authority, Lahore 2002 SCMR 1336 rel. JUDGMENT MUHAMMAD AMEER BHATTI, JUSTICE By virtue of this constitutional petition…

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