Case Details

Citation(s)
1986 SLG 406 1986 SLD 406 1986 SCMR 295
Supreme Court of Pakistan
Civil Appeal No. 5-K of 1985, decision dated: 24-04-1985. (On appeal from the order of High Court of Sind in Constitutional Petition No. S-87 of 1979, dated 13-2-1984).
MUHAMMAD HALEEM, C.J., ABDUL KADIR SHAIKH AND ZAFFAR HUSSAIN MIRZA, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

SHAMSUDDIN and others

VS

THE RAINBOW DYEING AND PRINTING

Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Civil Procedure Code (V of 1908), S.151--Writ petition disposed of in terms of compromise--Petitioners application seeking correction in of High Court, dismissed--Leave granted to consider contention that application was for correction of an incidental slip in calculation of sums payable to individual workers and was, therefore, competent in law. (b) Civil Procedure Code (V of 1908)-----S. 151--Compromise decree--Application for correction--Competency of--Petition accepted in terms of compromise between parties-­Subsequently petitioners moved application praying that amounts shown against some of them may be corrected--High Court dismissed application--Order of High Court upheld on ground that respondent in main case could not be permitted to change terms of settlement agreed upon and consequently passed on basis of compromise not altered--Appeal dismissed. Shahenshah Hussain, Advocate Supreme Court with Faizanul Haq, Advocate-on-Record for Appellants. Yousaf Rafi, Advocate-on-Record for Respondents Nos.l and 2 Nemo for Respondents Nos. 3 to 17. Date of hearing: 24th April, 1985. JUDGMENT ABDUL KADIR SHAIKH, J.-- This appeal by leave is directed against the order passed by learned Judge of Sind High Court, dated 13-2-1984 rejecting an application filed by appellants and respondents 3 to 17 (hereinafter to be referred to as appellants under section 151 of the Code of Civil Procedure for allowing certain corrections in the judgment of the High Court, dated 25-9-1983 in Constitution Petition No. S-87 of 1979 which was passed by consent of the parties, on a compromise reached by them. By the compromise, respondent No. 1-Mills agreed to deposit Rs.3,15,000 in the Court for the satisfaction of the claims of appellants as under:- Name Respondent No. in the Amount High Court. (1) Shamsuddin 15 Rs. 44,000 (2) M. Younus 3 Rs. 43,000 (3) Naimuddin 23 Rs. 35,000 (4) Babu 5 Rs. 35,000 (5) Maula Bux 21 Rs. 30,000 (6) Bari Amin 4 Rs. 5,000 (7) Painda Khan 6 Rs. 5,000 (8) Abdul Jaleel 7 Rs. 5,000 (9) Zakir Ahmed 9 Rs. 5 , 000 (10) Mehdi Siddiq 10 Rs. 5,000 (11) Mehdi Hasan 12 Rs. 5,000 (12) Abu Umar 11 Rs. 5,000 (13) S.…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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