Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 43---Person not a party to suit---Effect---No or decree in suit would be binding on a person unless he was party to suit or was claiming through any party to suit----Such decree would not be binding on person not a party to suit, if he was claiming any independent right in property in question i.e. subject-matter of suit, but if his claim was based on having acquired any right in said property through any of the parties to suit then same would be binding on him. JUDGMENT ABDUL RAHIM KAZI, 3.---The petitioner has impugned the order passed by the 3rd ADJ (East), Karachi in Civil Revision No.16/86 passed On 4-8-1987. Briefly, the relevant facts are that the present petitioner had filed a Civil Suit bearing No.2393/78 before the Court of VII Civil Judge, Karachi against the present respondents Nos.l, 2 and 3 for declaration, cancellation of documents and injunction with regard to plot mentioned in the suit. Subsequently respondent No.4 was also joined in the suit as it was learnt that the present respondent No.3, who was also claiming the said plot had alienated the same to the respondent No.4. The suit of the present petitioner was decreed on 13-12-1983. The decree was not challenged in appeal and the petitioner then filed Execution Application No.46/85. In the meanwhile, the present respondent No.5, who is the husband of the respondent No.4 claiming his right in the property, filed application under section 12(2), C.P.C. before the lower Court which was dismissed. He then filed a civil suit in the Court of IX CJ (East), Karachi being Suit No.1786/85. In this suit his application was rejected under Order 7, Rule 11, C.P.C. an Appeal (CA. 86/86) was filed by him which was also dismissed on 4-8-1987. The respondent No.5 had also preferred a revision application which was also dismissed by the learned III ADJ (East), Karachi by the impugned order, observing that the decree in the suit of the petitioner would not be binding on…

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