ORDER XXIII
— Public charities — Compromise of suit filed under S. 92, CPC — Scope — Applicant filed an application under S. 12(2), CPC for setting of compromise decree passed in a suit relating to administration of a Mosque/Madrassa — Validity — Parties to the suit relating to a Public Trust could not have compromised amongst each other — The compromise was violative of the provisions of S. 92, CPC — Even otherwise, conduct of the parties was aimed to prejudice the interests of the present applicant and could not be held to be devoid of any misrepresentation — Application was allowed in circumstances. [2024 CLS 18 = 2024 CLC 151]
— Consent order, review of — Scope — Consent of the parties does not absolve the courts from their bounden duty to pass any order in accordance with law in vogue even if the consent of parties is reached otherwise, particularly when the matter involves public money — All state organs including the courts are bound to protect state exchequer under the doctrine of trust and if consent is given in defiance of any legal principle settled by the Supreme Court, resulting in the loss to exchequer, such an error can always be rectified by High Court. [2024 CLS 8 = 2024 CLC 71 = 2021 LHC 5343]
