Law: Specific Relief Act, 1877

Section: 42,43,54

Specific Relief Act (I of 1877)--- ----Ss. 42, 43 & 54---Suit for declaration and injunction---Declaratory decree---Applicability---Concurrent findings of facts by two Courts below---Applicants on the basis of power of attorney in their favour claimed their right in suit property---Trial Court decreed the suit against the person who executed power of attorney in favour of applicants---Judgment and decree passed by Trial Court was maintained by Lower Appellate Court---Plea raised by applicants was that judgments and decrees were not binding on them as they were not party to the suit---Validity---No judgment and decree, by virtue of S.43 of Specific Relief Act, 1877, passed in a suit would be binding on a person unless such person is a party to the suit or is claiming through any party to the suit---Claim of applicants was based on having acquired right in suit land by way of a registered sale deed through power of attorney which had been declared as illegal, forged and fabricated in judgment and decree passed by Trial Court, therefore, the decree was binding on applicants---High Court declined to interfere in concurrent findings of facts by two Courts below as the same did not suffer from jurisdictional defect nor there was any infirmity or illegality---Revision was dismissed in circumstances. Muhammad Saleem and others v. Muhammad Rashid and others 2004 SCMR 1144 and Ch. Riaz Ahmed Khan v. Muhammad Anwar Khan and others PLD 2003 SC 484 ref. Haji Wajdad v. Provincial Government through Secretary Board of Revenue Government of Balochistan and others 2020 SCMR 2046 rel. JUDGMENT ARBAB ALI HAKRO, J.---Through this Civil Revision Application under Section 115, the Civil Procedure Code 1908 ("the Code"), the applicants have impugned Judgment 25.02.2016 and decree dated 26.02.2016, passed by IV-Additional District Judge, Shikarpur ("the appellate Court") in Civil Appeal No.10 of 2014, whereby, the Judgment dated 25.01.2014 and decree dated 30.01.2014, passed by I-Senior Civil Judge, Shikarpur ("the trial Court") in F.C. Suit No.38 of 2011, through which the suit of the applicants was dismissed has been maintained by dismissing the Appeal. 2. The suit was filed by…

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