PARTRADERIET FOER M. T. SONJA & CO. AND ANOTHER vs MUSLIM
This matter came before the Supreme Court of Pakistan upon a petition filed by the petitioners against an order of the High Court. During the proceedings, the parties reached a mutual agreement regarding the relief sought, which was formally submitted in writing and signed by the respective counsel for both the petitioners and the respondent. Consequently, the Court converted the petition into an appeal and accepted it, directing an amendment to paragraph 6 of the impugned High Court order dated 26-10-1983. The Court ordered that the distribution of the disputed amount would abide by the final decision in the suit, with the specific exception that the petitioners would be entitled to immediate payment, in priority to other claims, of such amounts as adjudicated by the trial judge following their application under Section 151 of the Code of Civil Procedure 1908. The Court mandated that this adjudication process, including the resolution of any objections, should occur as expeditiously as possible. No order as to costs was issued.
- Can the Supreme Court convert a petition into an appeal based on the mutual agreement of the parties?
- Does an agreement between parties regarding the distribution of funds in a pending suit allow for the amendment of an impugned High Court order?
- Under what circumstances can a party be granted priority payment of claims pending the final decision in a suit?
- Section 151, Code of Civil Procedure 1908
ORDER
' ASLAM RIAZ HUSSAIN, J.-After we had heard the learned counsel for the parties at some length the counsel for the petitioners submitted, in writing the relief that the petitioners sought. This was agreed to by the learned counsel for respondent No. 1 (the plaintiff in the suit). The learned A.
0. Rs, of the petitioners as well as respondent No. 1 signed the same. We, therefore, convert this petition into appear, accept it and amend paragraph 6 of th impugned order in the light of the aforementioned agreement reached between' the concerned parties. The said paragraph 6 shall be read in substitution of para. 6 of the impugned order of the High Court, dated 26-10-1983. It shall now read as follows :- "6. The distribution of the amount shall abide by the final decision in the suit except that the petitioners shall be entitled to be paid forthwith and in priority to all other claims, such amount as may be adjudicated to be due to them by the learned trial Judge by the order to be made in the their application under section 151, C. P. C. (C. M. A. 3936/83) and after adjudication of objections, if any, that may be filed to such application. Adjudication shall take place as early as possible."
' There shall be no order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.