MUHAMMAD AKBAR AND Another vs MUHAMMAD ASLAM And Another — 1954 PLD 291

Citation: 1954 PLD 291

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-02-04

Parties: MUHAMMAD AKBAR AND Another vs MUHAMMAD ASLAM And Another

Headnotes

Case cited as PLD 1954 Lah. 291

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: MUHAMMAD AKBAR AND Another vs MUHAMMAD ASLAM And Another Case No.: Civil Appeal No. 39 of 1967 Civil Revision No. 6 of 1965 Date of Judgment:1970-02-04 Reported As: 1970 SCMR 421 Result: Case remanded Judgment ORDER MUHAMMAD YAQUB ALI, J. The question raised in this appeal is whether - an agreement between the parties that the Court may decide the disputes arising in the suit in accordance with the statement made by a third person is an adjustment within the purview of Order XXIII, rule 3, C. P. C., or a contract which the Court in its discretion may decline to enforce. The facts briefly are that the appellants filed a suit against the respondents in the Court of a Civil Judge, Sialkot, for rendition of accounts and dissolution of partnership. Before the written statement was filed, the parties came to ail agreement and stated before the Court on the 3rd December 1963, that the suit may be decided in accordance with the statement made by one Abdur Razzak as to the matters in dispute between them. The case was thereupon adjourned to the 11th December 1963, and summons issued to Abdur Razzak. Abdur Razzak appeared in Court on the next date of hearing, but before his statement was recorded, the appellants moved an application under sections 11(2) and 25 of the Arbitration Act and Order XXIII, rule 3, C. P. C., for resiling from the agreement on the ground that he had threatened…

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