AMIR TUFIL vs ABBAS O — 2022 CLC 2059 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 CLC 2059 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: CLC
Parties: AMIR TUFIL vs ABBAS O
Subject matter: Civil

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

AMIR TUFIL VS ABBAS O.XXII, R.1---Modes of paying money under decree---Scope---Parties to the decree are at liberty to contract with respect to their rights and obligations under the decree, and in so far as such an agreement does not bring under the decree a liability extraneous to the claim in the suit, it would be an adjustment and this rule provides a complete procedure for recording the adjustment in execution proceedings---Where new rights are created by an agreement, the executing court cannot enforce such rights, as it cannot go beyond the decree and for that purpose a separate suit may lie---Agreement to vary the mode in which the relief is to be realized or the time for such realization is not an adjustment; but where a dispute arises regarding the factum of adjustment, it is to be resolved by the executing court and a separate suit will be barred. Head NotesCase Description

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