Law: Civil Procedure Code (V of 1908)

Section: O.XXI,R.1

Civil Procedure Code (V of 1908)---O. XXI, R.1---Payment of money under decrees---Compromise between the parties---Time being essence of the consent order passed by the High Court and appellant having not complied with the terms of the compromise arrived at between him and the respondent before the High Court, O.XXI, R.1, C.P.C. would not help him to make the payment of the decretal amount beyond the time granted by the High Court as the executing Court could not go beyond the decree and had to execute the same as it was, unless the same was patent nullity---Time being the essence of the agreement and the last date of the time so granted falling on holiday, the payment made thereafter would not comply with the terms of the compromise as directed by the High Court. Muhammad Ali v. Ghulam Sarwar 1989 SCMR 640; Kazi Abdul Kader v. The East Pakistan Provincial Co-operative Bank Ltd. 1969 SCMR 275; Indal v. Ram Nidh AIR 1946 Oudh 156 and Ch. Muhammad Nawaz v. Ch. Rehmat Ali and another 1994 SCMR 349 ref. ORDER MUHAMMAD AKHTAR SHABBIR, J.---This appeal under Article 185(2)(d) of the Constitution of Islamic Republic of Pakistan is directed against the judgment of the Lahore High Court, Lahore dated 13-5-2008 passed in F.A.O. No.67 of 2008. 2. Brief facts of the case are that Sajjad Hussain, respondent filed a suit for recovery of Rs.8,84,000 under Order XXXVII of the Code of Civil Procedure, against Sheikh Attique-ur-Rehman Sarwar, the appellant, which was decreed by an Additional District Judge, Sheikhupura, vide his judgment dated 2-3-2007. Feeling aggrieved, the appellant filed Regular First Appeal No.143 of 2007, which was disposed of by a learned Division Bench of the Lahore High Court, Lahore on 24-9-2007, in terms of the settlement arrived at between the parties, text whereof is reproduced below:-- "It is stated by the appellant present in the Court that he does not want to press this appeal, provided some time is given to him for making the payment of the decretal amount to the respondent, he in this behalf, has asked for a year time, the respondent's counsel has only agreed to grant him about 4/6 months time, however considering the facts of the case and also…

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