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1989 SCMR 1349

SALAMAT ALI vs TARIQ & COMPANY

Citation1989 SCMR 1349
CourtSupreme Court of Pakistan
Case No.Civil Petition No,345 of 1983
Date1988-08-10
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave refused

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant in a suit for recovery of money, against the dismissal of his civil revision by the High Court.

2. ' The trial Court decreed the respondent's suit on failure of the petitioner to produce evidence.

3. Order XVII, Rule 3, C.P.C. Was applied against him. On petitioner's appeal, a compromise was arrived at between the parties. The petitioner agreed to deposit the decretal amount and the costs of the suit; on the performance of which condition, the respondent agreed "petitioner's appeal might be accepted" and case remanded to the trial Court for receiving petitioner's evidence. The petitioner failed to satisfy the terms of the compromise with regard to the deposit. Instead he filed a petition for review of the appellate order of remand, which was dismissed. His civil revision also having been dismissed, he has now sought leave to appeal.

4. Learned counsel for obvious reasons on account of the impediment of the compromise, could not raise any arguments so far as the merits of the case are concerned. He, however, contended that the learned counsel, appearing for the petitioner in support of the appeal, had no authority to enter into the compromise nor were there any such instructions to the counsel.

5. ' The learned Judge in the High Court adequately dealt with this factual contention raised from the petitioner's side. No error has been pointed out in the approach followed by the High Court.

6. ' Leave to appeal, accordingly, is refused.

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