GHULAM QADIR vs FAZAL DIN AND 3 Other — 1971 SCMR 537

Citation: 1971 SCMR 537

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-06-15

Parties: GHULAM QADIR vs FAZAL DIN AND 3 Other

Headnotes

Case cited as 1971 SCMR 537

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title: GHULAM QADIR vs FAZAL DIN AND 3 Other Case No.: Civil Appeal No. 8 of 1966 First Appeal from Order No. 31 of 1963 Date of Judgment:1971-06-15 Reported As: 1971 SCMR 537 Result: Case remanded JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.-This appeal by special leave is from an order of a Division Bench of the High Court of West Pakistan, Lahore, dismissing in limine a First Appeal from the order of the Administrative Civil Judge, Sialkot, recording a compromise in a suit for dissolution of partnership and rendition of account and passing a decree in terms thereof. The suit was valued at Rs. 30,000. Respondent Fazal Din had first asked for a stay of the suit under section 34 of the Arbitration Act, on the ground that the partnership deed had provided that all disputes between the parties should be referred to arbitration. Subsequently the trial Court was informed that the suit had been compromised and, therefore, judgment should be passed in accordance with the terms of the compromise. It was alleged on behalf of the respondents that the parties had in the presence of their lawyers, arrived at a compromise which was duly written and signed by the parties, but as it contained certain alterations made by Choudhury Nazir Ahmed Bajwa (since deceased), learned Advocate appearing on behalf of the respondent, the draft agreement was put off till the next day for preparation of…

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