Law:

Section:

Civil Procedure Code (V of 1908)---O.XXIII, R.3--Constitution of Pakistan (1973), Art.185(3)--Consent decree challenged on the ground that at the time decree was passed petitioner was minor--Petitioner filed written statement without showing that he was a minor or that the suit was incompetent as against him without appointment of a guardian ad litem--On the day when suit was compromised the petitioner was represented through a counsel and was major--Held it could not be said that consent decree was passed against a minor. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore, dated 22nd December, 1984 whereby Regular Second Appeal of the petitioner was dismissed. Briefly the facts are that Muhammad Siddique respondent No.l was owner of agricultural land which he alienated by means of sale-deed in favour of the present petitioner and his brother Abbas Ali for a consideration of Rs.14,000, Subsequently Muhammad Siddique respondent on 1st May, 1970 instituted a suit for a declaration to the effect that he was owner in posession of the suit land and that the aforesaid sale-deed was outcome of fraud and misrepresentation. The suit was contested only by the present petitioner and respondent No.6 Abbas All and not the other pro forma respondents Nos. 2 to 5. Later on the parties compromised the suit on the statements of Muhammad Siddique respondent and Abbas Ali respondent as well as learned counsel for the present petitioner. On the basis of the said compromise the trial Court passed consent decree subject to payment of a sum of Rs.14,000. Thereafter, the present petitioner and the aforesaid Abbas Ali respondent challenged the consent decree in appeal but the same was dismissed. Subsequently their Regular Second Appeal was also dismissed by the High Court as stated above. Hence the present petition. The only point which was involved in this case is that the present petitioner on the day of the institution of the suit by Muhammad Siddique respondent was a minor and that he had been sued…

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