Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185(3) read with Civil Procedure Code (V of 1908), S. 152-Amendment of decree-Leave to appeal-Granted to examine whether High Court in exercise of power under S: 152, C. P. C. was competent to amend decree based on compromise between parties to a suit.-[Decree]. (b) Civil Procedure Code (V of 1908)- -- S. 152 read with S. 100-Amendment of decree-Power conferred on Court under S. 152-Can be exercised at any time-Fact that such powers are unlimited-Does not mean that such powers can be exercised in all cases in which an application for purpose is made Declaratory suit over ownership of disputed .land disposed of by trial Court in terms of compromise between parties stipulating that plaintiff will remain in possession of part of land for lifetime or until contracts another marriage-Trial Judge, however, failing to incorporate in his order factum of limited ownership with result that decree following such order .stipulating that plaintiff shall be absolute owner of a part of suit land-Held, High Court while hearing second appeal a d not seized of matter relating to error or mistake, had no jurisdiction to order amendment of such order and decree in exercise of powers under S. 152.-[Decree]. Sher Muhammad and others v. Khuda Bux and another P L D 1961 Lah. 579 and A I R 1941 Oudh 344 ref. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.-Leave to appeal was granted in this case. to examine the legal question, whether the High Court in exercise of its A power under section 152, C. P. C. is competent to amend the decree based on a compromise between the parties to a suit. 2. The dispute in this case relates to agricultural land measuring 127 Kanals 12 Marlas situates in Swal Dehri, Tehsil and District Mardan. The appellant, Mst. Farosha instituted a civil suit in the Court of Senior Civil Judge, Mardan against the respondents herein for a declaration that she was full owner of a part of the aforesaid land in dispute. However, on a compromise application presented by the parties, the suit was disposed of by the learned Civil Judge on 19-5-1939. There is no dispute between the parties that according to the terms of the compromise arrived at…

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