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MUHAMMAD RAMZAN KHOKHAR vs MUHAMMAD RIAZ Ss — 2024 CLC 1881 ISLAMABAD

Case information

Citation
2024 CLC 1881 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
CLC
Parties
MUHAMMAD RAMZAN KHOKHAR vs MUHAMMAD RIAZ Ss
Subject matter
Criminal
Provisions referred to
S. 96; Civil Procedure Code (V of 1908)

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

MUHAMMAD RAMZAN KHOKHAR VS MUHAMMAD RIAZ Ss.12 & 54---Civil Procedure Code (V of 1908), S. 96 & O.XXIII, R.3---Suit for specific performance of agreement to sell and injunction---Consent decree---Appeal---Maintainability---Appellant / defendant assailed consent decree on the plea that he had not given any authority to his counsel to give conceding statement to decree the suit on the basis of compromise---Plea raised by respondent / plaintiff was that no appeal could be filed against consent decree---Validity---Where there exists an order recording consent by parties, any party can challenge such order on the basis that no consent was given for purposes of passing of order on the basis of a compromise, which then led to issuance of a decree---Where such ground is raised, the appeal cannot be dismissed out of hand in terms of S. 96(3) of C.P.C.---Appeal filed by appellant / defendant was maintainable and it was for appellant / defendant to establish that the order recording consent was not sustainable as no consent had been given or no statement had been made before the Court---Clear authority vested in the counsel to affect a compromise, which compromise was affected by the counsel in the interest of appellant / defendant and accordingly order in question was passed recording such compromise---Appellant/ defendant failed to establish that the compromise was not duly authorized or that his counsel did not have authority to enter into a compromise---High Court declined to interfere in order recording such compromise, as the same suffered from no infirmity---Appeal was dismissed in circumstances.

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