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Petitioner: KHADIM HUSSAIN VS Respondent: PROVINCE OF PUNJAB and others
Court Name: Supreme Court of Pakistan Judge(s): Sarmad Jalal Osmany, Muhammad Ather Saeed Title: KHADIM HUSSAIN vs PROVINCE OF PUNJAB and others Case No.: Civil Appeal No,891 of 2007 Date of Judgment:2014-01-23 Reported As: 2014 SCMR 669 Result: Order accordingly
Judgment ORDER ' SARMAD JALAL OSMANY, J.---Malik Saeed Hassan, learned Senior Advocate Supreme Court, appearing for the appellant says that the civil revision filed by the appellant before the learned High Court was compromised between the parties as per order dated 9-4-2001, but admittedly thereafter the impugned judgment was also passed dated 15-4-2002, dismissing the civil revision on merits in which event the same cannot be sustained. 2. To this submission Mr. Tariq Masood, learned Advocate Supreme Court appearing for respondents says that after the matter had been compromised on 9-4-2001 an application under section 12(2), C.P.C. Had been moved by the respondents and per order dated 11-12-2001, the compromise order of 9-4-2001 was suspended. 3. We have heard both the learned ASCs for the parties and have also perused the record with their assistance. 4. It is quite apparent that there is no order deciding the application under section 12(2), C.P.C. Filed by the respondents in which event without the compromise judgment and decree being set aside under section 12(2), C.P.C., no order could be passed on merits. Consequently, we allow this appeal. The impugned judgment dated 15-4-2002 is set aside. The application filed by the respondents under section 12(2), C.P.C., challenging the consent decree/compromise etc. Shall remain pending with the learned High Court and shall be decided at the earliest. 4. The appeal is disposed of in the above terms.