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JANTAN versus MARYAM


Code of Conduct 1908 Section 100 Second Appeal The parties have jointly stated that they have been compromised by a deed and have prayed through the applicant for a miscellaneous application for approval and dismissal of the appeal. The agreement has been affirmed by the personal appearance of the plaintiff / judge. The lower court set aside and dismissed the case

1985 M L D 100

[Lahore]

Before Muhammad Ilyas, J

Mst. JANTAN--Appellant

versus

Mst. MARY AM--Respondent

Regular Second Appeal No. 130 of 1971, heard on 24th July, 1985.

Civil Procedure Code (V of 1908)--

---S.100--Second appeal--Compromise--Parties jointly stating to have entered into compromise by a deed and praying through miscellaneous application for acceptance of appeal and dismissal of suit brought by respondent--Court confirming compromise on personal appearance of respondent/plaintiff--Judgment and decrees by lower Court set aside and suit dismissed in circumstance.

Allah Wasaya Malik for Appellant.

Ch. Muzammal Hussain for Respondent.

Date of hearing: 24th June, 1985.

JUDGMENT

C.M. No.2583-C/85 was jointly made by the parties stating that they had entered into compromise and praying for the acceptance of this appeal and the dismissal of the suit brought by the respondent. The compromise deed was annexed with the said C.M. By order, dated the 27th May, 1985, my learned brother Abdul Waheed, J. directed the respondent to personally appear before this Court today for confirmation of the compromise. Today, she has entered appearance and confirms A the compromise. Her special attorney, Muhammad Afzal, is also here. He as well as learned counsel for the parties too confirm the compromise. In the circumstances, the appeal is accepted, judgments and decrees passed by the learned lower Courts are set aside and the suit brought by the respondent is dismissed with no order as to costs. The C.M. is disposed of.

H . A . K

Appeal accepted

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