GHULAM SAJJAD vs THE STATE And Other
This matter arises from a petition for leave to appeal directed against the order of the High Court, which declined to accept a compromise between the parties on the ground that the statements of the deceased's parents were made under undue influence and fear. The core legal question concerns the validity of a compromise effected under undue influence and whether interference by the Supreme Court is warranted in such circumstances. The Supreme Court held that the finding of the High Court regarding undue influence was not open to any exception, and thus refused to interfere with the impugned order, accordingly dismissing the petition with an observation that the petitioners may approach the High Court afresh to have the statements of the legal heirs recorded in court. The key principle laid down is that appellate courts will not interfere with concurrent or reasoned findings of lower courts regarding the invalidity of compromises vitiated by undue influence.
- Whether a compromise affected under undue influence and fear is legally valid?
- Will the Supreme Court interfere with a High Court finding that a compromise was not valid?
- Can legal heirs have their statements recorded afresh before the High Court if a previous compromise was set aside?
1. ZIA MAHMOOD MIRZA. J.---Learned Judges of the High Court have found on to occasions that the compromise said to have been effected between the parties was not quite valid. The learned Judges in their order dated 29-9-1996 observed that the statements of the father and mother of the deceased were made "under undue influence and due to the fear of Chazanfar Abbas Shah (Peer)". This finding is not open to any exception and we do not find it a fit case for interference by this Court. This petition is accordingly dismissed with the observation that the petitioners, if so advised, may again approach the High Court with the request that the statements of the legal heirs of the deceased may) be recorded in the Court.
Cited by 1 case
- MUHAMMAD ARSHAD alias PAPPU vs ADDITIONAL SESSIONS JUDGE, LAHORE 2003 PLD Supreme Court 547