Lawyers in Islamabad

  PLJ 2007 SC 791 [Appellate Jurisdiction] Present: Javed Iqbal, Abdul Hameed Dogar &  Mian Shakirullah Jan, JJ. FEDERATION OF PAKISTAN through Establishment Division--Appellant versus BRIG (RTD.) ZULFIQAR AHMAD KHAN and others--Respondents C.A. No. 1084 of 2002, decided on 26.3.2007. (On appeal from the judgment dated 12.4.2001 passed by Lahore High Court, Rawalpindi Bench in Writ Petition No. 8 of 2001). Constitution of Pakistan, 1973-- ----Arts. 9(2) & 212--Entitlement to pensionary benefit--Civil servant was retired from Pakistan Army--Entitlement to grant of civil pension but was refused by appellant--Jurisdiction--Legality--Civil servant approached Wafaqi Ombudsman who accepted his prayer--Establishment Division being aggrieved of the order of High Court, filed appeal--Mohtasib cannot accept for investigation any complaint by or on behalf of a public servant or functionary relating to Agency--Matter relating to terms and conditions a proper forum was availab...

There is no appeal to a consent decree. It is perhaps the most common kind of decree which has no appeal. As a general rule all the decrees are appealable while all the orders are revisionable unless specifically mentioned in the law. A consent decree is the one in which parties to the suit comes to a settlement. They either present a settlement deed or they give statement in the court of law. On the bases of provisions of settlement between the parties, the court decrees the suit. In a consent decree the judge cannot complete the trial. When parties agree to end the suit through settlement at any stage, the court is bound to decree the same. Parties giving consent to the provisions of settlement cannot disagree at later stages. Since everything decided between the parties is settled according to their own free consent, they cannot appeal the decision of court afterwards. Regards, Salman Yousaf Khan (Golra) International Lawyer +92-333-5339880