Law:

Section:

Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)----- S. 3(2)-Civil Procedure Code (V of 1908), OXXIII, R3 & S.12(2)--­ Constitution of Pakistan (1973), Art.185(3) --- Admiralty suit --- Compromise in terms of OXXIII, R.3, C.P.C.---Subsequent application by defendants that compromise in question, having been effected through fraud and misrepresentation should be set aside, was dismissed by Single Judge of High Court --- Division Bench of High Court maintained order of dismissal of application under S.12(2), C.P.C.--Validity --- Authority given by defendants (petitioners) to counsel who had signed compromise application on their behalf had never been revoked by them --- Fact that other counsel were also engaged by defendants to represent them in the case, by it, could not operate as revocation of the authority of counsel either to represent them in the case or to enter into compromise with plaintiffs on defendants behalf-- Besides that, admittedly compromise application was signed not only by the counsel but the same was also signed by Captain of the vessel on behalf of defendants --- Presence of one of the counsel subsequently engaged by defendants in Court alongwith other representatives of defendants at the time of hearing of miscellaneous application after passing compromise decree further indicated that there was no objection in regard to said compromise at that time---Such circumstances, thus, ruled out element of fraud alleged by defendants --- Compromise entered into by counsel on behalf of a party would bind such party --- Leave to appeal was refused in circumstances. Mobile Eye Service of Pakistan v. Director, Social Welfare PLD' 1992 Kar.ref JUDGMENT MAMOON KAZI, J.--Leave has been sought in respect of the judgment of the Sindh High Court dated 9-2-1995, whereby High Court appeal filed by the petitioners against the order of the learned Judge in Chambers dismissing the application filed by the petitioners under section 12(2) of the Civil Procedure Code, was dismissed. 2. The facts of the case which are elaborately stated in the judgment of the High Court are reproduced from the same as follows:-- "Briefly the facts, relevant for the…

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