ATTOCK OIL CO. LTD. vs Dr. GHAITH R. PHARAON and others
This matter involves six appeals arising from disputes between Attock Oil Co. Ltd. and Dr. Ghaith R. Pharaon and others. The core legal question pertained to the resolution and management of multiple pending suits and related interim orders between the litigating parties. The Supreme Court of Pakistan allowed the six appeals based on a compromise reached between the parties. The Court held that the subject suits shall be transferred to and decided by the District Judge, Islamabad, within a timeframe of six months, with the question of consolidation to be determined by the same judge, and directed the parties to appear before him on a specified date. Additionally, a related constitutional petition was scheduled for a future hearing by mutual consent. The key principle laid down is that appellate proceedings may be disposed of in terms of a lawful compromise between parties, facilitating the expeditious transfer and trial of related civil suits.
- Can pending appeals be disposed of on the basis of a compromise reached between the parties?
- Whether the Supreme Court can order the transfer of suits to a District Judge for trial within a specified timeframe?
- Who is empowered to decide the question of consolidation of transferred suits under a compromise order?
ORDER
1. These six appeals are allowed in the result of compromise reached between the parties as under:- -
(1) Six suits which are the subject-matters of these appeals are transferred and are to be decided by the District Judge, Islamabad within time frame of six months from the date of appearance of the parties before him.
(2) The question whether the suits should be consolidated or not shall be decided by the District Judge, Islamabad.
(3) Learned counsel for the parties present in these appeals are directed to appear before the District Judge, Islamabad on 26th February, 1995.
2. ' Mr. Raza Kazim states that C.P. 6/95 pending in this Court against the order of the High Court confirming stay of the Suit No,517/93 which is pending in the Court of the Senior Civil Judge, Islamabad, be fixed for hearing in the next week. Learned counsel for the other party has no objection. Therefore, it is directed that C.P. 6/95 should be fixed for hearing on 28th February, 1995. .
Cited by 2 cases
- SHABBIR HUSSAIN Versus MUHAMMAD YOUNAS 2016 CLCN 64
- Shabbir Hussain vs Muhammad Younas, etc. 2014 C.L.R. 918