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DILSHAD HUSSAIN versus P. 1. C. 1. C


Article 185 (3) Civil Procedure Code (v. 1908), AXXIII, r 3 Claims for Settlement in relation to Services Offered by Official Leducators Claims in Response to Services Offered by the Respondent Officer Offers compensation in full and final settlement. The offer of liquidator for the liquidator / his lawyer's widow is acceptable

1986 S C M R 276(1)

Present: Muhammad Haleem, C.J., Aslam Riaz Hussain, Nasim Hasan Shah, Zafar Hussain Mirza and R.S.H. Quraishi, JJ

Mst. DILSHAD HUSSAIN‑‑Appellant

versus

P.I . C .I . C . and others‑‑Respondents

Civil Appeals Nos. 666 and 667 of 1984; Civil Petition No. 717 of 1984, decided on 30th October, 1984.

(On appeal from the judgment and order of the Lahore High Court, dated 9‑1‑1984 passed in I. C. A. No. 15 of 1982 and I. C. A. No.17 of 1982 read with Order of the High Court, dated 14‑3‑1984 in C. M. 25‑L of 1984 in C O. 22 of 1976).

Constitution of Pakistan (1973)‑‑

‑‑Art. 185(3)‑‑Civil Procedure Code (V of 1908), O.XXIII, r.3‑‑Compro mise‑Settlement through compromise‑‑Claim in regard to services rendered by Official Liquidator‑‑Respondent offering compensation in full and final settlement of claim in regard to services rendered by deceased Official Liquidator‑‑Offer being acceptable to widow of deceased/her counsel‑‑Appeals disposed of in terms of compromise and petition for leave to appeal dismissed as having become infructuous.

Abid Hasan Minto, Advocate Supreme Court and Walayat Umar Chaudhry, Advocate‑on‑Record for Appellant.

Raja Muhammad Akram, Advocate Supreme Court and Sh. Salahud din, Advocate‑on‑Record for Respondent No.1.

Sh. Muhammad Nasim, Advocate Supreme Court and S. Inayat Hussain, Advocate‑on‑Record for Respondent No.3.

Ch. Muhammad Arif, Advocate Supreme Court and Mr. Ejaz Ahmad Khan, Advocate‑on‑Record for Respondent No.4.

Date of hearing: 30th October, 1984.

ORDER

MUHAMMAD HALEEM, C.J.‑

‑Raja Muhammad Akram, learned counsel for the respondent No.1 offers to pay Rs.1,00,000 (one lac) in full and final settlement of the claim in regard to the services rendered by late S.M. Hussain, official Liquidator, which offer is accepted by his widow, the appellant, who is present in Court and her counsel. Accordingly, in terms of the compromise the appeals are disposed of with no order as to costs. As a result, therefore, Civil Petition No. 717 of 1984 has become infructuous, which is dismissed as such.

M. I. Order accordingly.

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