Law:

Section:

(a) Civil Procedure Code (V of 1908)--S. 12(2) --- Constitution of Pakistan (1973), Art. 185(3) --- Application under S.12(2), C. P.C. ---Procedure for adjudication --- Contention of petitioner was that respondent was bound by the statement made by his counsel on the basis of which the compromise decree was passed between the parties before Trial Court --- Respondent, in his application under S. 12(2), C.P.C. took the plea that he never authorised any person to compromise on his behalf --- Leave to appeal was granted by Supreme Court to consider the question of a proper procedure for adjudication of such an application under S. 12(2), C.P.C. (b) Civil Procedure Code (V of 1908)--- ---- S. 12(2) --- Application under S. 12(2), C.P.C. before Trial Court to the effect that applicant had not authorised his brother/counsel to enter into compromise and the same had been obtained through fraud --- Controversy raised in the application could not be decided without allowing the opportunity to the parties to lead evidence --- Trial Court, therefore, was to decide the application after framing necessary issues and allowing opportunity to the parties to lead evidence in support of their respective pleas --- Framing of issues and recording of evidence, however, depended upon the facts and circumstances of each case. Dr. Ansar Hassan Rizvi v. Syed Mazahir Hussain Zaidi 1971 SCMR 634; Ghularn Muhammad v. M. Ahmad Khan 1993 SCMR 662; Haji Abdul Ghafoor v. Abdul Qayyum 1996 SCMR 1524 and Allah Wassaya v. Irshad Ahmad 1992 SCMR 2184 ref. Messrs Arokey Limited, Karachi v. Munir Ahmad Mughal PLD 1982 SC 204 distinguished. JUDGMENT IRSHAD HASAN KHAN, J.---This appeal, with the leave of the Court, is directed against the order, dated 24-5-1993, passed by the Lahore High Court, Multan Bench, Multan, in Writ Petition No.943 of 1993. 2. The facts of the case and the questions for consideration arising therefrom have been succinctly stated in the leave granting order, which read thus:-- On 8-2-1978 Imam Din ent6red into an agreement with the petitioner for the sale of land measuring 32 Kanals situated in Chak No.23-S.P., Pakpattan for a consideration of Rs.24,000. When the petitioner…

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