SAID-UR-REHMAN vs RAJ MUHAMMAD S — 2021 CLC 1206 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 1206 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: SAID-UR-REHMAN vs RAJ MUHAMMAD S
Subject matter: Civil
Provisions referred to: S. 89-; Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAID-UR-REHMAN VS RAJ MUHAMMAD S.89-a & O.XII, R.6---alternate Dispute Resolution--- Compromise between the parties---Scope and effect---Civil laws dealt with properties (either moveable or immoveable) and rights in which, at each and every stage, parties could enter into a compromise/settlement and Courts had vast powers to decide the lis on the basis of settlement, so arrived between the parties---Only exception to a compromise could be that the same might not be made with ill-will or connivance between the parties, so that a third party should not suffer or his right might not be adversely affected---Compromise was the best solution for removal of differences and it was always appreciated by the Courts of law, for which certain specific provisions were also inserted in the Civil Procedure Code, 1908, such as alternate Dispute Resolution (aDR), conferencing and reconciliation; and that was the reason the provisions of O.XII, R.6, C.P.C, were made part of the statute.

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