Case Details

Citation(s)
1990 SLG 1171 1990 SLD 1171 1990 SCMR 1588
Supreme Court of Pakistan
Civil Appeal No.122 of 1980, decision dated: 22-05-1990.
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL QADEER CHAUDHRY, J
Munir Peracha, Advocate Supreme Court and Ghulam Dastgir, Advocate-on-Record for Appellants. M.M. Saeed Beg, Advocate Supreme Court and Inayat Hussain Advocate-on-Record for
Respondent No. 1.

Mst. BASHIR BIBI and others

VS

Mst. WALLAN BIBI and others

Law:

Section:

Civil Procedure Code (Y of 1908)-------O. XXIII, R.3---Constitution of Pakistan (1973), Art.185---Compromise---No impediment in acceptance of compromise effected between parties--­Arrangements made by parties ending in an amicable settlement and compromise were fair and practicable which enjoined that children of respondent from different husbands would get the property to the exclusion of others---Both the parties having assured genuineness of compromise same was made order of the Court---Appeal was thus disposed of in terms of compromise. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ. ---This appeal through leave of the Court is directed; against the acceptance by the high Court of an R.S.A. filed by the respondents side; whereby the appellate judgment in favour of the appellants was reversed and the judgment and decree of the trial Court in a suit for declaration seeking the annulment of a gift by the respondents side, was restored. The parties being very closely related inter se their learned counsel were. asked to explore the possibility of settlement out of Court. The parties were also ordered to be summoned. They are present today. Learned counsel for both sides discussed in detail the pros and cons of various alternatives for a settlement out of Court. After considerable discussion and bargaining the parties have arrived at an agreement /compromise on the basis that Mst. Wallan Bibi's (respondent's) children should be given the property as it would satisfy every body. They have produced the following written compromise:----- "(1) That the suit property measuring 199 Kanals and 4 Marlas in village Khan Muhammad Walla and village Hathi Wand Tehsil Bhalwal…
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