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Syed WAQAR-UL-HASSAN SHAH BUKHARI vs SMALL BUSINESS FINANCE CORPORATION (NOW SME BANK LTD — 2024 CLD 1481 ISLAMABAD

Case information

Citation
2024 CLD 1481 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
CLD
Parties
Syed WAQAR-UL-HASSAN SHAH BUKHARI vs SMALL BUSINESS FINANCE CORPORATION (NOW SME BANK LTD
Subject matter
Civil
Provisions referred to
S. 22---C; S. 12; S. 35; Civil Procedure Code (V of 1908); Litigation Act

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

Syed WAQAR-UL-HASSAN SHAH BUKHARI VS SMALL BUSINESS FINANCE CORPORATION (NOW SME BANK LTD.) S. 22---Civil Procedure Code (V of 1908), Ss. 11, 12 (2) & 35 (1)(iii) [as inserted by Costs of Litigation Act, 2017]---Consent decree, appeal against---Maintainability---Principle of res judicata---Applicability---Cost, imposing of---Appellant / defendant did not appeal against consent decree and his application under S. 12(2), C.P.C. to challenge consent order and decree was dismissed by Trial Court whereas appeal before Lower Appellate Court was dismissed as withdrawn---Appellant's / defendant's revision application was dismissed by High Court as time barred---Validity---Consent decree had attained finality for all intents and purposes---High Court declined to interfere in order dismissing application under S. 12 (2) C.P.C.---Decree was in the nature of a compromise decree and was not only binding upon parties as a contract between them but also operated as res judicata between parties thereto with regard to matters which constituted main foundation of agreement of compromise---Principle of res judicata was rightly applied by Trial Court in subsequent proceedings---High Court imposed cost of Rs.1 million upon appellant / defendant under S. 35 (1) (iii), C.P.C. which was to be deposited in government treasury---Appeal was dismissed in circumstances.

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