Law:

Section:

Civil procedure Code (V of 1908)--- ----0.111, R.4 & OXXIII, R.3---Consent decree on statement of counsel of parties---Appeal against ---Pre-emption suit filed by plaintiff was decreed by trial Court in his favour on statements of duly appointed counsel of parties that parties had arrived at a compromise and that defendants had admitted superior right of pre-emption of pre-emptor and that defendants had no objection if decree was passed in favour of plaintiff---On appeal filed by one of defendants/appellants, consent and decree passed by trial Court was set aside by Appellate Court and case was remanded to decide on merits holding that defendant/appellant was not present in person in Court at time when statement was made by his counsel---Counsel of defendant/appellant was fully authorized to act on behalf of his client and could enter into a compromise which could be binding on his client as terms of Vakalatnama duly executed by defendant in favour of his counsel had fully authorised him to do so---Appellate Court below in circumstances was clearly in error in setting aside consent decree which even otherwise was not appealable. Dr. Ansar Hussain Rizvi v. Mazahir Hussain Zaidi and 3 others 1971 SCMR 634 ref. JUDGMENT This appeal is directed against an order of remand passed by the Additional Disrict Judge, Kasur on 21st December, 1973, whereby the judgment and decree of the trial Court dated 19th April, 1973 was set aside. 2. On 20th May, 1970 the appellant filed a suit for possession through pre-emption of land measuring 18 Kanals 2 Marlas situate in village Sidhu Pura, Tehsil and District Kasur which had been purchased by the respondents. During the course of trial of the suit, on 19th April 1973, a statement was made by counsel for respondents as also by the appellant that the parties had arrived at a compromise and that respondents admitted the superior right of pre­emption of the appellant and had no objection if a decree was passed on the payment of Rs.3,500 as sale price. The learned trial Court proceeding on the basis of this compromise decreed the suit on 19th April, 1973. 3. On 9th May, 1973, Muhammad Ishaq, respondent No.l, filed an…

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