Law: Civil Procedure Code (V of 1908)

Section: 54

JUDGMENT

This order will govern the disposal of Revision Applications Nos. 240, 241, 242 and 243 of 1980 in which common question of law arise for determination. The petitioners in all the above four revision applications were allotted different plots of land by Roshan Bagh Co-operative Housing Society Limited, Karachi in Federal "B" Area, Karachi after cancellation of the allotments of the original allottees of the plots. The original allottees took the matter to arbitration under section 54 of the Cooperative Societies Act and awards were given in their favour. However, when execution applications were filed by the original allottees in pursuance of the awards in their favour, the petitioners above-named resisted the same on the ground that they were not made parties to the arbitration proceedings and as such were not bound by the awards. The executing Court upheld the objection of the petitioners and dismissed the execution applications but on appeal the 1st Appellate Court took the view that the petitioners being persons claiming through the Society were bound by the award and reversed the order of executing Court. The petitioners have challenged the order of 1st Appellate Court in these revision applications on common grounds. Before considering the contentions raised in these petitions I will state separately for the sake of convenience the relevant facts of each revision application which are necessary for determination of the points urged before me.