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AZHAR ASIA SHIPPING AGENCY versus GHAFFAR CORPN.


CPC Procedure Code Order XXIII Section 3 (2) Civil Procedure Code (V8 1908), OXXIII, R3 and Section 12 (2) Constitution of Pakistan (1973), Article 185 (3) of CPC Discharge and Adjustment of Suits In the case of the Admiralty suit, the application after OXXIII, R 3, CPC, which has been effected by the defendants through compromise, fraud and misrepresentation, should be dismissed by the High Court Division Bench of the High Court. The Single Judge upheld the order to dismiss the application under section 12 (2), by the defendants (applicants), to the CPC Validation Authority which the solicitor filed on his request for a compromise. The fact that he was denied was never rejected by the fact that other lawyers were also involved in representing him in this matter through the plaintiff, through which he could not work. In addition, when a lawyer's authority is to be represented in the case or the plaintiffs have to compromise with the plaintiffs, the acceptance of the settlement agreement was signed not only by the lawyer but also by the ship's captain. Was also signed by the defendants after which the court passed the agreement for further agreement at the hearing of the petition of the defendant along with the presence of one of the advisers as well as other representatives of the defendants. Was also presented in court. Indicated that there was no objection to the settlement at the time. Such circumstances, thus, negate the element of fraud by the defendants. Settlement by a lawyer on behalf of a party will bind the party to whom the appeal was refused.

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