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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