Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O.XXIII,R.3---Compormise---Family arrangement---Once family arrangement was reached amicably and without any duress or coercion between parties, same should not be disturbed even if it was unfair to one of parties. Martin Cashin and others v. Peter J. Cashin AIR 1938 PC 103 rel. Lal Bux and another v. Abdul Rasool through Legal Heirs and another 1994 CLC 138; Mirza Iqrar Beg v. Hannan PLD 1979 Kar. 620; Mst. Sajida Sultana and another v. Messrs Eastern Traders and others PLD 1971 Kar. 109; Sree Nalini Kanta Sen v. Babu Monaranjan Prasad Barman PLD 1967 Dacca 155 and Khurshid Begun v. Mir Muhammad & Co. 1990 CLC 1614 ref. (b) Succession Act (XXXIX of 1925)--- ----S.278---Civil Procedure Code (V of 1908), O.XXIII, R.3---Administration suit---Compromise between parties---Lawful compromise relating to distribution of properties of deceased was effected between parties to suit---Such compromise was lawful and admitted by all the parties---One of the plaintiffs, however, wanted to impose condition that particular property should not be disposed of by the named defendant till minor defendants attained majority---Parties having compromised, none of them could resile from the same---Court while allowing parties to compromise were empowered in the interest of justice and particularly in the interest of minors, to impose any condition for welfare and interest of such minors---Other legal heirs had withdrawn their claim on properties specified in application for compromise and had also agreed to withdrawal of suits relating thereto---No condition was thus to be imposed on those properties which were exclusively to be handed over to defendants---Court passed comprehensive order of compromise whereby shares of all the heirs were specified and delivered to them while specified amount was also distributed amongst heirs with a rider that specific money in the share of minors would be deposited with Nazir of Court to be handed over to minors on attaining age of majority. Umar Bakhsh and 2 others v. Azim Khan and 12 others 1993 SCMR 374 ref. ORDER Through this order, I intend to dispose of some eight applications in the abovesaid…

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