Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----Ss. 12 (2) & VIII, R.4---Compromises---Counsel has power to compromise on behalf of his client in the absence of specific bar to the contrary.--[Counsel and client ---Compromise]. Kulsoom Bai v..Shireen Bai 1989 C L C 234 ref. (b) Civil Procedure Code (V of 1908)--- ----S.12 (2) & O.XXIII, R.3---Sindh Rented Premises Ordinance (XVII of 1979), S. 22---Plea of oral agreement besides written compromise---Application for setting aside decree allegedly obtained by fraud/misrepresentation----Where admittedly parties had not obtained permission from the Authority under S. 22, Sindh Rented Premises Ordinance, 1979 before entering into compromise, such application was improper, mala fide and made only to protect and abuse the process of Court---Court thus could dismiss the application without framing any issue or recording any evidence. Iqbal Sultan'v. Chand Sultana 1990 C L C 366 ref. JUDGMENT SYED ABDUL REHMAN, J.---C.MA. No.654/1990 is an application under Sec.12(2) C.P.C. read with Order XXIII Rules 1 & 2 and section 151 C.P.C. Facts forming the background of this application are that appellant Noor Muhammad is transferee from the Settlement Department of the premises in ispute and as such a landlord thereof. He filed an ejectment application (Rent Case No. 690/1981) against Respondent No. 1 Muhammad Kamil, which was initially dismissed by the Controller, but on remand by this Court came to be allowed by the Controller. The order of ejectment was upheld by this Court in F.RA. No. 375 of 1986 decided on 15-12-1988. Respondent No.1 filed Suit No. 877/1987 for cancellation of the transfer documents in favour of the appellant by the Settlement Authority on the original side of this Court. An application under Order VII, Rule 11 C.P.C. was filed by the appellant in that suit which was dismissed by the learned Single Judge, who tried the suit. H.CA. No.31 of 1989 was filed against the said order of dismissal which was admitted by the Division Bench. An application for withdrawal of appeal was filed stating that Respondent No.1 had withdrawn from the suit from which this High Court Appeal has arisen. The application…

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