PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY vs PROVINCE OF SINDHO — 2025 CLC 1237 KARACHI-HIGH-COURT-SINDH

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PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY VS PROVINCE OF SINDHO. XXIII, R. 3 & O. XII, R. 6---Consent decree---Scope---Compromise between the private parties excluding the petitioner/Pakistan Defence Officers Housing Authority---Passing of consent decree---Claim of the petitioner-Housing Authority was that it was not bound to execute such decree as specific objection as to ownership of one of the private parties/seller of the property in dispute had been raised in its written statement---Validity---Regulator or an authority like the petitioner could not be mandatorily compelled to accept and implement the compromise entered between the private parties to which the regulator/authority or any other third party was not a signatory---Consent decree is a kind of agreement/contract between the two parties with a superadded command of the court, but it would not bind a third party, who was not a party to the suit or the compromise---When a compromise decree is being passed based on consent of the parties, while doing so, the court shall either dismiss the suit against the party, who was not a signatory to it; or in the alternative, the suit must remain alive and continue against the said defendants---Suit cannot be, in any circumstances, decreed against a defendant, who has not signed the compromise application nor has consented to it---If the defendant had stated something in its written statement which to the plaintiff appeared to be a concession, then the only recourse available was under O.XII, R. 6, C.P.C., by way of a decree on admission---In the present matter, this was not the case, thus, courts below, including the Executing Court, had failed to appreciate the law---Constitutional petition was allowed, in circumstance. Citation Name: 2025 CLC 1237 KARACHI-HIGH-COURT-SINDHBookmark this Case PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY VS PROVINCE OF SINDH art. 201---Decision of High Court binding on subordinate Courts---Scope---Courts below are required to be well versed with law, including a binding precedent of High Court in terms of article 201 of the Constitution, and if they remain vigilant and careful, then a lot of fresh cases can be curtailed before High Court enabling it to decide statutory appeals.

PAKISTAN DEFENCE OFFICERS HOUSING AUTHORITY vs PROVINCE OF SINDHO — 2025 CLC 1237 KARACHI-HIGH-COURT-SINDH

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