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FALAK SHER vs HASHMAT BIBI Ss — 2025 PLD 414 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PLD 414 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PLD
Parties
FALAK SHER vs HASHMAT BIBI Ss
Subject matter
Civil
Provisions referred to
S. 12

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

FALAK SHER VS HASHMAT BIBI Ss. 12(2) & 115---Compromise of proceedings---Statement of counsel/ lawyer---Petitioners were aggrieved of disposal of proceedings in favour of respondents on the basis of statement made by their counsel/lawyer---Validity---Valuable rights of parties were involved in the lis, therefore, while deciding the case on the basis of compromise, the Court should have applied maximum care and caution to ascertain whether the parties had agreed to the statement of compromise given by their counsel---Petitioners engaged counsel to pursue their case diligently and efficiently and had never authorized him to make any statement of compromise or to get the suit decreed on the basis of compromise---No authority through Vakalatnama was given to the counsel to make compromise with the opposite party nor to get the suit decreed on the basis of compromise---Statement made by petitioners' counsel was not binding upon them---Courts below committed illegality while dismissing application of petitioners under S. 12(2) C.P.C.---High Court in exercise of revisional jurisdiction set aside orders passed by two Courts below wherein judicial mind was not applied and application under S. 12(2) C.P.C. was decided on surmises and conjectures---High Court remanded the matter to Trial Court to decide the matter afresh---Revision was allowed accordingly.

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