DARAZ KHAN Versus MUZAFFAR KHAN

ORDER

IRSHAD HASAN KHAN, J.--- Leave to appeal is sought against the judgment dated 28-3-1997 passed by a learned Single Judge of the Lahore High Court, Rawalpindi Bench, Rawalpindi in Regular Second Appeal No.355 of 1975.

2. The sole grievance of the petitioners is that during the course of hearing of appeal the parties had arrived at a settlement outside the Court on the following terms:--

The respondent rejected the alleged settlement and sworn a affidavit that no such compromise was effected. Thus visualized, the learned Judge in Chambers was right in not disposing of the suit on the basis of alleged compromise between the parties. We do not find that the provisions of Order XXIII, Rule 3, C.P.C. has been violated in any manner by the learned Judge in Chambers while dismissing the petition for decreeing the suit in terms of impugned compromise.

3. The learned counsel for the petitioners has not disputed the findings on the merits of the Second Appeal dismissed by the High Court. Resultantly, the petition is dismissed and leave refused.

A.A./D-5/S Leave refused.