| Case ID |
eb50f448-7d2f-49bd-909d-3f31e4130dd6 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No.525 of 1997 |
| Decision Date |
Apr 01, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan addressed the Civil Petition for Leave to Appeal No.525 of 1997, which challenged the judgment of the Lahore High Court dated 28-3-1997. The petitioners claimed that a settlement was reached outside the court during the appeal process. However, the respondent denied this claim, stating through an affidavit that no compromise was made. The Supreme Court upheld the High Court's decision, confirming that the provisions of Order XXIII, Rule 3 of the Civil Procedure Code were not violated, as the learned Judge was correct in not disposing of the suit based on the alleged compromise. The petitioners did not contest the merits of the High Court's findings, leading to the dismissal of the petition and refusal of leave to appeal. |
| Summary |
This case revolves around the interpretation of compromise settlements in civil procedures, specifically under the Civil Procedure Code of Pakistan. The Supreme Court of Pakistan assessed the validity of an alleged settlement reached outside of court between the parties involved in a civil dispute. The petitioners claimed that they had settled their differences, but the respondent refuted this assertion, providing an affidavit to support their position. The court emphasized the importance of adhering to procedural rules when it comes to settling disputes and confirmed that the High Court had acted appropriately in not recognizing the alleged compromise. This decision underscores the necessity for clear and mutual agreements between parties in civil litigation and the court's role in ensuring that such compromises are valid and recognized within legal frameworks. Keywords such as 'civil procedure', 'settlement', 'compromise', and 'Supreme Court of Pakistan' are essential for understanding the implications of this case in legal practice and for SEO optimization. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IRSHAD HASAN KHAN,
SH. IJAZ NISAR
|
| Lawyers |
Muhammad Munir Peracha,
Ejaz Muhammad Khan
|
| Petitioners |
others,
DARAZ KHAN
|
| Respondents |
MUZAFFAR KHAN
|
| Citations |
1998 SLD 975,
1998 SCMR 2735
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
O. XXIII, R. 3,
Art. 185 (3)
|