| Citation(s) |
|---|
| 1994 SLG 898 1994 SLD 898 1994 SCMR 1753 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 773-L of 1992, decision dated: 4-12-1993
MUHAMMAD RAFIQ TARAR AND MANZOOR HUSSAIN SIAL, JJ
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Civil Petition for Leave to Appeal No. 773-L of 1992, decision dated: 4-12-1993
MUHAMMAD RAFIQ TARAR AND MANZOOR HUSSAIN SIAL, JJ
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ZARIF and others
KHIZAR HAYAT
Law:
Section:
Civil Procedure Code (V of 1908)--OXXIII, R. 3---Constitution of Pakistan (1973), Art. 185(3)---Compromise between parties before High Court whereby plaintiff's suit was agreed to be decreed on payment of specified amount to defendants---Counsel who had made statement before High Court for compromising the suit was authorised to do so---Defendants had failed to make out a case warranting interference in the in question, passed by the High Court on basis of compromise of parties---No case for leave to appeal was made out---Leave to appeal was refused in circumstances. ORDER MANZOOR HUSSAIN SIAL, J.---The petitioners seek leave to appeal against the judgment dated 8-6-1992, whereby Review Petition No. 17-C of 1992, directed against judgment dated 13-10-1991, passed in Civil Revision No. 927-D of 1991, was dismissed by learned Single Judge of the Lahore High Court. 2. On 13-10-1991, Civil Revision Petition No. 927-D of 1991, inter se the parties herein came up for hearing before the learned Single Judge of the Lahore High Court. The parties compromised the dispute and the learned Judge passed the order to the following effect: "After arguing the Civil Revision the parties and their counsel have agreed that the revision petition may be accepted, the impugned judgments and decrees may be set aside, and the suit of the plaintiff/petitioner may be decreed against the defendants/respondents on the payment of Rs.85,000 more as part of the consideration money plus Rs.5,000 as costs, total being Rs.90,000 to be deposited by him for the opposite party in the trial Court within one month from the date of this order, whereafter, Malik Zarif, attorney of the defendants/respondents, shall get the sale-deed executed and registered in favour of the plaintiff/petitioner within a further period of one month, failing which the trial Court shall get the document executed and registered through its Court official. All the expenses regarding its execution and registration shall be borne by the plaintiff/petitioner. Order accordingly." The aforesaid judgment was challenged through petition for leave to appeal No. 1064-L of 1991 which was dismissed on 10-3-1992 with observation:…
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