Ch. SHAH MUHAMMAD And Others vs ASHIQ And Other
This matter concerns an appeal before the Supreme Court of Pakistan where the appellants initially sought to withdraw their appeal, citing an amicable out-of-court compromise. Subsequently, the appellants engaged new counsel and attempted to retract the withdrawal application, alleging that the respondents had resiled from the compromise. The Court addressed the core question of whether a party, having formally filed an application to withdraw an appeal based on a compromise, can subsequently retract that request to prolong litigation. The Supreme Court held that the initial application to withdraw the appeal was made with full responsibility and must be given full effect. The Court deprecated the practice of attempting to retract such formal requests merely to extend litigation. Consequently, the Court rejected the second application and dismissed the appeal as withdrawn, emphasizing that once a party has taken a definite step to withdraw, they are bound by that action.
- Can an appellant retract a formal application to withdraw an appeal based on an alleged breach of compromise by the respondent?
- Is a party bound by a formal application to withdraw an appeal filed with the Court?
1. MUHAMMAD HALEEM, C.J.-- On the demise of Sh. Abdul Karim Advocate-on-Record, the appellants did not engage any Advocate-on---Record to represent them in the appeal, but filed an application stating "that the parties have amicably compromised outside the Court and there is nothing left for adjudication by this Court". And prayed ,that they may be permitted to withdraw the appeal.
2. By way of abundant caution we issued notice to them fog verification of the signatures on the application, but to our surprise today we noticed that they had engaged another Advocate-on- Record, who filed an application seeking to withdraw the earlier application on the ground that the respondents have resiled from the compromise.
3. After having taken the definite step, we regard the second attempt of the appellants as one to prolong the litigation which practice we highly deprecate. It goes without saying, that when the first application was filed to withdraw the appeal, the appellants with full responsibility had made the request to withdraw the appeal and that should be given the fullest effect.
4. Accordingly, while rejecting the application, we dismiss the appeal as withdrawn, but with no order as to costs.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.