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Petitioner: ABDUL GHAFOOR BAIG VS Respondent: ADDITIONAL DISTRICT JUDGE, SANGHAR
1988 C L C 471
1988 C L C 471
[Karachi]
Before Naimuddin, C.J. and
Haider 'Ali Pirzada, J
Mirza ABDUL GHAFOOR BAIG‑‑Petitioner
versus
ADDITIONAL DISTRICT JUDGE,
SANGHAR, and others‑‑Respondents
Constitutional Petition No.D‑830 of 1987, decided on 25th August, 1987.
Constitution of Pakistan (1973)‑‑
‑‑Art. 199‑‑Civil Procedure Code (V of 1908), S. 12(2)‑‑ Constitutional jurisdiction against ex parte decree wherein petitioner was not a party‑‑Maintainability of‑‑Person not party in suit in which ex parte decree was, passed, held, would not be bound by such decree unless he dervied title through a party to that suit‑‑Decree, however, could not be challenged by such person in constitutional jurisdiction of High Court on ground that same was illegal, mala fide or without jurisdiction. Mohammad Muzaffarul Haque for Petitioner.
ORDER
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. 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.
We, therefore, dismiss this petition summarily.
H . B. T. /A‑234/ K Petition dismissed.