Law: Civil Procedure Code (V of 1908)

Section: 11

Civil Procedure Code (V of 1908)--- ----O.VII, R.11---Rejection of plaint---Scopes assailed the dismissal of their application under O.VII, R.11, C.P.C. for rejection of plaint---Validity---Parties had settled their respective claim by virtue of a compromise decree passed in earlier suit---Main grievance of respondents in the present suit was that since the compromise decree was not implemented, hence, they were compelled to file the suit---All the properties mentioned in the compromise decree were not transferred/mutated as envisaged in the compromise decree---Nothing contrary was placed on record by the appellant to show that compromise decree had been executed---Where compromise decree was either violated or one of the parties through their inaction had attempted to frustrate the compromise, then those beneficiaries whose interest was prejudiced could file fresh proceedings---Compromise decree should have been executed and implemented long time back because it related to distribution of inheritance amongst legal heirs, which was to be given preference over ordinary matters, being a requirement and command of Sharia Law---No illegality was found in the impugned order---Appeal was dismissed. Peer Dil and others v. Dad Muhammad 2009 SCMR 1268; Shah Rasool and others v. Maulana Ghulam Rahim and others 2016 YLR 89 and Santa Narain Tewari v. Saran Narain Tewari and others AIR 1959 Patna 331 ref. S. Ali Ahmed Tariq for Appellants. Muhammad Shahid Qadeer Suharwardy for Respondents. Dates of hearing: 5th and 9th October, 2020. ORDER FAROOQ HAIDER, JUSTICE:---.--- -Through instant revision petition filed under Section 435, Cr.P.C. read with Section 439, Cr.P.C., Muhammad Shahid Yousaf (petitioner/ accused) has challenged the vires of order dated: 19.01.2021 passed by learned Special Judge, Anti-Corruption, Multan, whereby costs of Rs.10,000/- was imposed upon present petitioner and vires of order dated: 26.01.2021 passed by said learned Court, whereby right of cross-examination of the accused/petitioner over PW-1 to PW-5, was closed; relevant portion of impugned order dated: 19.01.2021 is hereby reproduced: - “On first call in the morning before 11:00 am learned…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492