1988 CLC 471

ABDUL GHAFOOR BAIG Versus ADDITIONAL DISTRICT JUDGE, SANGHAR

Share on WhatsApp ⭐ Prefer in Google

Citation1988 CLC 471

CourtSindh High Court

Case No.Constitutional Petition No.D‑830 of 1987

Date1987-08-25

Judge(s)Naimuddin, C.J. and Haider 'Ali Pirzada

Authored byNaimuddin

ResultPetition dismissed

ORDER

1. NAIMUDDIN, C.J.‑‑ By this petition under Article 199 of the Constitution, the petitioner has challenged the judgment and ex parte decree dated 7‑9‑1980, passed by the Sr. Civil Judge, Shadadpaur and the order dated 30‑4‑1987 passed by the Addl. District Judge, Sanghar, in revision application filed by the petitioner against the order dated 13‑5‑1985 passed on an application under section 12(2), C . P . C . filed by the petitioner for setting aside the ex parte decree dated 7‑9‑1980. By the order passed on the application under Section 12 (2) as well as on revision application, it was held that the petitioner has asserted the question of his title to the property in the suit (Suit No.13 of 1984) which he has filed. So far as the ex parte decree is concerned, the petitioner was not a party to the suit in A which the decree was passed, therefore, that decree will not be binding on him unless he derives title through a party to that suit which is not claimed to be the case here.

2. Since we are of the view that the decree in a suit to which the petitioner was not a party is not binding on the petitioner, therefore, it is not necessary to admit this petition on the ground that this decree is illegal or mala fide or without jurisdiction.

3. We, therefore, dismiss this petition summarily.

4. H . B. T. /A‑234/ K Petition dismissed.