| Case ID |
f73ce395-9db5-4e02-bbd0-31aff9ed06e1 |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 4-R |
| Decision Date |
Jan 30, 1982 |
| Hearing Date |
Jan 30, 1982 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for special leave to appeal. The court concluded that the compromise made by the petitioners' advocate was valid and binding, as the vakalatnama executed by the petitioners included the power to compromise. The court emphasized that there were no allegations of fraud or misrepresentation in the compromise, and the petitioners could not challenge the validity of the compromise after benefiting from it. The decision upheld the previous orders of the Lahore High Court, maintaining the order of ejectment against the petitioners. |
| Summary |
In the case of MESSRS AROKEY LTD. vs. MUNIR AHMAD MUGHAL AND 3 OTHERS, the Supreme Court of Pakistan dealt with a petition for special leave to appeal regarding a compromise reached during civil proceedings. The court highlighted the importance of the vakalatnama, which granted the petitioners' advocate the authority to compromise on their behalf. The court ruled that the compromise was valid, as there were no claims of fraud or misrepresentation. This case underlines the principles of civil procedure regarding compromises and the authority of advocates, reinforcing the legal framework surrounding such agreements. It serves as a significant reference for cases involving similar issues of authority and compromise in civil litigation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHEIKH,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Qamarul Islam Abbas,
V. As Kidvai,
All Akbar
|
| Petitioners |
MESSRS AROKEY LTD.
|
| Respondents |
3 OTHERS,
MUNIR AHMAD MUGHAL
|
| Citations |
1982 SLD 722,
1982 PLD 204
|
| Other Citations |
Mrs. I. Khan v. Controller of Rents 1976 S C M R 457,
Sourendra Nath Mitra v. Tarubala Dasi A I R 1930 P C 158,
Ansar Hussain Rizvi v. Mazahir Hussain Zaidi 1971 S C M R 634,
Thenal Animal v. Sokkammal A I R 1918 Mad. 656
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XXIII, r. 3,
S. 12(2)
|