Law: Civil Procedure Code (1908)

Section: 96(3)

Law: Evidence Act (I of 1872)

Section: 40, 44

(a) Civil Procedure Code (V of 1908)  S. 96 (3)Consent decreeCourt observationParties enter into compromise more often than not, in a burr' to have same recorded and case being disposed of immediately without waiting for date fixed for its hearing.[Court observationDecree]. (b) Civil Procedure Code (V of 1908) S. 96 (3)Consent decreeFraudParties present with their counsel, signing compromise, and authenticating same by affixing their thumbimpressions No affidavit by counsel for appellant regarding statements of parties being not read outAverment of appellant of having been wronged by his counsel and appellate Court in that compromise application was got signed by him fraudulently and appellate Court failed to read out its contents to him, held, not tenable.[Decree]. (c) Civil Procedure Code (V of 1908)  S. 96(3)Consent decreeOrder passed on basis of compro miseConsent orderAppeal before High Court, held, not com petent.[Decree]. (d) Evidence Act (I of 1872)  Ss. 40 to 44JudgmentRelevancy ofSections 40 to 44 relate to relevancy of judgments, orders and decrees for purpose of their admission in evidenceMatter before High Court not being in regard to admission of impugned order in evidence, S. 44, Evidence Act, held, has no bearing on matter of Baud having been committed on appellant and his appeal accordingly Competent.[JudgmentFraud].                                                                                                                          ORDER This second appeal is directed against an order of an Additional District Judge whereby he disposed of the first appeal of the appellant, Mumtaz Ali, in terms of a compromise reached by the parties. 2. The impugned order was passed in consequence of an applica tion filed by the respondent, Haji Muhammad Ramzan, for the ejectment of the appellant from a shop. It was dismissed by a kept…