Pakistan Case Law
1989 SCMR 1377

MUHAMMAD YAQOOB and another vs CHIRAGH DIN

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Citation1989 SCMR 1377
CourtSupreme Court of Pakistan
Case No.Civil Petition No,379 of 1983
Date1988-08-10
Judge(s)Muhammad Afzal Zullah and javid lqbal
Authored byMuhammad Afzal Zullah
ResultLeave refused
Summary

This matter concerns a petition for leave to appeal filed by the plaintiffs against the dismissal of their civil revision by the High Court. The underlying litigation involved a suit for possession between real brothers. The High Court had dismissed the civil revision based on a settlement reached between the parties, which was predicated on an offer to make an oath and the subsequent acceptance and performance of that oath. Before the Supreme Court, the petitioners challenged the validity of the High Court's order, specifically questioning the authority of their counsel to enter into such a settlement. The Supreme Court examined the power of attorney and found that the counsel indeed possessed the requisite authority to bind the petitioners to the settlement. Finding no merit in the contentions raised, the Court held that a settlement based on a duly performed oath, entered into by counsel with valid authority, is binding. Consequently, the petition for leave to appeal was dismissed, affirming the finality of the High Court's decision.

Questions settled in this judgment
  • Is a settlement based on an offer and acceptance of an oath binding on the parties?
  • Does a counsel have the authority to bind a client to a settlement if the power of attorney grants such authority?
civil revisionoathsettlementpower of attorneycounsel authorityleave to appeal

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiffs side in a suit for possession against the dismissal of their civil revision.

2. ' The parties to the litigation are stated to be real brothers. The suit of the petitioners was dismissed by the trial Court. Their appeal failed. Their Civil Revision was dismissed in pursuance of the settlement between the parties. Notwithstanding the same, leave to appeal has been sought against the order of the High Court.

3. ' The decision of the High Court is based on offer for making oath and acceptance thereof. The prescribed oath was duly made.

4. Learned counsel for the petitioners was unable to urge any point. The contention regarding authority of the counsel of the petitioners before the High Court, raised in the petition for leave to appeal, also has no force because the counsel had such authority in accordance with the terms of the power of attorney.

5. ' There is no merit in this petition. The same is, accordingly, dismissed.

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