SCMR 1989

1989SCMR817 (PLP)

Messrs RAHEEM STEEL RE-ROLLING MILLS and 4 others — Petitioners Versus Messrs KARIM AZIZ INDUSTRIES LTD. — Respondent

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Leave to Appeal No.443-R of 1988, decided on 18th January, 1989.
Honorable Judges
Muhammad Afzal Zullah and Usman Ali Shah, JJ .
Case Reference Summary (AEO Optimized)
Citation 1989SCMR817 (PLP)
Forum / Court High Court
Bench Members Muhammad Afzal Zullah and Usman Ali Shah, JJ .
Parties Messrs RAHEEM STEEL RE-ROLLING MILLS and 4 others — Petitioners Versus Messrs KARIM AZIZ INDUSTRIES LTD. — Respondent
Primary Law Civil Procedure Code (V of 1908)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1989SCMR817 (PLP)?

This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1989SCMR817 (PLP)?

The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Usman Ali Shah, JJ ..

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1989SCMR817 (PLP) (Messrs RAHEEM STEEL RE-ROLLING MILLS and 4 others — Petitioners Versus Messrs KARIM AZIZ INDUSTRIES LTD. — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Civil Procedure Code (V of 1908)

Representation

  • Advocate-on-Record for Petitioners..
  • MA. Siddiqui, Advocate-on-Record for Respondent. f gc:
  • Date of hearing: 18th January, 1989.
  • Raja Muhammad Akram, Senior Advocate, instructed by Manzoor Ilahi,
  • Advocate‑on‑Record for Petitioners..
  • MA. Siddiqui, Advocate‑on‑Record for Respondent. f gc:

Headnotes / Summary

(On appeal from the judgment and order of the Lahore High Court, dated 26th October 1988 in C.M. No.657-C/88 in F.A.O. No.49 of 1988).

O.XXIII, R.3--Constitution of Pakistan (1973), Art. 185(3) Compromise between parties pending petition for leave to appeal--Petition converted into too-appeal and allowed in terms of such compromise. Raja Muhammad Akram, Senior Advocate, instructed by Manzoor Ilahi,

Judgment & Decree

MUHAMMAD AFZAL ZULLAH, J.‑‑Learned counsel state that the parties have settled the subject‑matter of dispute out of the Court. Accordingly, an application has been made for disposal of this petition in terms of the compromise stated therein. They also state that this settles the FA.O. No.49 of 1988 pending in the Lahore High Court at Rawalpindi Bench and that the steps would be taken for disposal thereof accordingly. This petition is, therefore, converted into appeal and allowed in terms of the compromise recorded hereunder:‑‑ "l. Decree dated 31‑7‑1986 shall not be executed by the Respondents subject to the following undertaking of the Petitioners.

2. Petitioners undertake to pay the entire decretal amount up to 31‑12‑19;30 as under:‑ Rs. 5 lacs 15‑2‑1989 Rs. 5 lacs 30‑4‑1989 Rs. 5 lacs 30‑7‑1989 Rs. 5 lacs 30‑11‑1989 Balance as per decree 31‑12‑1989.

3. In case of default in any installment, the entire balance amount shall be recovered through Execution and from assets of the Petitioners:" There shall be no order as to costs. A.A./R‑82/S Appeal allowed.