Law:

Section:

(a) Interpretation of documents-------Document must be construed and read as a whole. N.S. Krishnaswami Ayyangar's case PLD 1949 PC 289; Mian Nawaz Sharif's case PLD 1993 SC 473 and Ihsan Ilahi's case PLD 1967 SC 200 ref. (b) Contract Act (IX of 1872)--- ----S. 28---Negotiable Instruments Act (XXVI of 1881), S.4---Promissory note---Condition prescribed in the document to forego his right of appeal brings the document outside the purview of the provisions of Negotiable Instruments Act, 1881 and it falls under the provisions of Contract Act, 1872 automatically, meaning thereby that despite the fact that it was written on the pro forma of pro note but due to the condition in the document had changed its status from pro note to an agreement/contract---No one can exclude himself from the protection of Courts by contract---Principles. AIR 1947 PC 116= 45 Indian App. 61 ref. (c) Contract Act (IX of 1872)--- ---S.28---Scope of S.28, Contract Act, 1872---Section 28 applies where there is absolute restraint against the enforcement of rights. AIR 1921 Mad.599; AIR 1916 Lah. 89 and AIR 1928 Sindh 481 ref. (d) Constitution of Pakistan (1973)--- ---Art. 185(3)---Petition for leave to appeal---Both the Courts below had given concurrent findings of fact against the petitioner after proper appreciation of evidence on all material issues---Supreme Court declined to interfere under Art.185(3) of the Constitution and dismissed the petition. Malik Muhammad Ishaque's case PLD 1977 SC 109 and Noora's case PLD 1973 SC 469 ref. ORDER CH. IJAZ AHMAD, J.---The brief facts out of which the present petition arises are that Plot Nos. 5 to 9 measuring 6 kanals situated in Aziz Shaheed Road, Sialkot Cantt. which was allotted to the petitioner under old grant lease. Petitioner executed agreement to sell on 7-8-1983 in favour of respondent. Respondent filed suit for specific performance in the Court of Civil Judge Sialkot against petitioner and others. Matter was settled between the parties by way of compromise. Parties submitted application before the trial Court to decide the suit in terms of the compromise which was rejected by the trial Court vide order dated 11-7-1990. Consequently the…

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