QABUL KHAN Versus SHAH NAWAZ

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.-- -Leave to appeal has been sought by a plaintiff; against the dismissal of his Civil Revision. The suit was for possession which involved determination of the question of encroachment. It was decreed by the trial Court on respondents' appeal, the parties entered into compromise as a result whereof the appeal was allowed and the petitioner's suit was dismissed. The plea before the High Court that all the conditions for the enforcement of the compromise were not satisfied in this case having failed, the Learned counsel has reiterated the same arguments as were advanced before the High Court.

2. On our asking photo copies of the original applications regarding compromise have been placed before the Court. The relevant para No.l of the main application reads as follows.--

3. The underlined portion thereof accepts the plea of the respondents/defendants on merits of the case. There was no question of give or take though the word compromise, it appears, was used in the context that the petitioner while accepting the respondents' plea had not only compromised the subject-matter of the suit; but, had also undertaken to speak truth which emerged in writing and factum of the above-quoted admission. It may be possible for the petitioner to withdraw from the compromise if he has any ground in that behalf but it is not possible by any contrivance for him to change what he stated as truth into something else. It has already operated and taken its effect. It cannot be now made to cease its effect. That being so, leave to appeal is refused.

4. A.A./Q-30/S. Leave refused.