Mst. BIBI vs Mst. BIBI and another
This matter came before the Supreme Court of Pakistan as a petition for leave to appeal. The core legal question concerned whether the Court could dispose of the pending litigation based on an out-of-court settlement reached between the parties. The parties submitted a written compromise deed, wherein the petitioner agreed to withdraw the case in exchange for the respondents transferring one killa of land to her. The compromise was facilitated by local respectables, and the parties declared that no further disputes or litigation existed between them. Although the petitioner's counsel noted that the petitioner did not thumb-mark the document in his presence, the respondent's counsel affirmed the genuineness of the thumb impressions. The Court, finding no reason to doubt the authenticity of the compromise and noting the signatures of the parties, accepted the settlement. Consequently, the Court disposed of the petition in terms of the compromise, thereby affirming the principle that parties are free to resolve their disputes through mutual settlement, which the Court will recognize and enforce upon verification of the agreement's genuineness.
- Can the Supreme Court dispose of a petition based on an out-of-court compromise reached between the parties?
- Is a compromise deed valid when the petitioner's counsel has not personally witnessed the petitioner's thumb impression but the respondent's counsel confirms its genuineness?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.-- The parties having reached a compromise out of Court, their learned counsel have submitted a joint request in writing, for disposal in terms thereof. The compromise deed submitted with the application reads as follows:- 'his compromise has taken place today the 17th of January, 1989, between the first party (hereinafter called the petitioner) Mst. Bibi wife of All Muhammad, Caste Kamboh, resident of Pakpattan, District Sahiwal, and the second party (hereinafter called the respondents) Mst. Bibi wife of All Muhammad and Sadiq All son of All Muhammad both residents of Chak No,38/E.B., Teshil and District Faisalabad, on the terms and conditions that the petitioner will withdraw her case from the Honourable Supreme Court and the respondents will give her one killa piece of land. The compromise has been effected between the parties because of intervention of the respectables of the vicinity. There is no dispute left between the parties, which is to be settled between them. There is absolutely no litigation pending between the parties in the subordinate Courts nor any party has any intention to start the same against the other. {{TABLE}} Thumb impressions Thumb impression
(1) Second party Mst. Bibi Sadiq All Respondents First party, Petitioner.
2. (2)
3. (Walayat Umar Chaudhry)
4. A-O-R for Respondents Through: (Sh.Salahuddin)
5. A-O-R for Petitioner". {{TABLE}} ' Learned counsel for the petitioner has explained that his signatures on these documents are only in token of what he has been told by the learned counsel for the respondents. His note in this behalf on the compromise reads as follows:-- "Petitioner has not thumb marked the compromise in my presence. I have signed the document as the learned A.O.R. For the respondent has stated that the petitioner thumb marked the document in his presence."
6. ' We have no reason to doubt the statement of the learned counsel for the respondent; who has stated that the compromise is genuine. It is also thumb-marked by the parties. The cautious statement of the learned counsel for the petitioner is understandable.
7. ' In the light of the foregoing, this petition is disposed of in terms of the compromise.
8. ' Parties compromised.