“Creditor” and “consent decree”

In this case while deciding a civil lis court defined terms “creditor” and “consent decree” in a beautiful manner. Consent Decree “A consent decree is a kind of agreement/contract between two parties with a superadded command of the court but it would not bind a third party who was not party to the said suit”. While refereeing to section 53 of the Transfer of Property Act and after quoting from Black’s Law Dictionary, the august court gave extended meaning to term “creditor”. “In the afore-quoted definition of ‘creditor’ various shades of its meanings have been encapsulated. The ‘creditor’ thus includes someone who has a right to require someone to fulfill a promise, an obligation or a contract”.

2014 SCMR 33

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