Law:

Section:

Civil Procedure Code (V of 1908)-----O.VII, R. 11 Ss. 12(2) & 115---Rejection of plaint---Validity---Earlier suit wherein registration of sale-deed was challenged as being illegal, unlawful, void and nullity in the eye of law was disposed of on basis of compromise ---Sub­Registrar on basis of such consent order cancelled sale-deed which had been impugned in earlier suit---Defendant in earlier suit filing suit for declaration that action of Sub-Registrar in cancelling sale-deed was illegal, unlawful, void and without jurisdiction---Plaint in such subsequent suit was rejected and such order was affirmed in appeal---Real object of plaintiff (defendant in earlier suit) in subsequent suit was to have the order of Civil Court sanctifying the compromise between parties, set aside on the ground of fraud and misrepresentation---No separate suit could be filed for such purpose, and remedy, if any, of plaintiff was by approaching the same Court through application under S. 12(2), C.P.C.---Executing Court's view that order passed by Trial Court on basis of compromise was not an executable decree, had no relevance for maintaining subsequent suit, for under S. 12(2), C.P.C. not only a decree but also order or a can be challenged---Plaintiff's object in .filing subsequent suit was clearly to avoid order passed in earlier suit on basis of compromise, therefore, such suit was barred under S. 12(2), C.P.C.---Plaint in suit was thus, rightly rejected by Trial Court and affirmed by Appellate Court. JUDGMENT This petition under section 115, C.P.C. calls in question the judgment and decree of the learned Additional District Judge, Lahore dated 17-7-1993 affirming the order of the Civil Judge, Lahore dated 6-12-1992 rejecting the plaint of a suit filed by the petitioners. 2. The background in which this dispute arises is that respondent No. 1 instituted a suit for declaration to the effect that the sale-deed registered on 15-10-1980 was illegal, unlawful, void and a nullity in the, eye of law. The petitioners appeared in the said suit and contested it. However, a compromise was arrived at between the parties in terms whereof a compromise deed was drawn up which was presented…

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