1. The question for consideration in this petition is whether a defendant against whom no relief is claimed, or granted by a decree, is a "party" to the suit within the meaning of sub-section (1) of S.47 of the Code of Civil Procedure. The question arises out of the facts stated in paragraph No. 2 below.

2. The petitioner, Francis, was defendant No. 3 in O.S.No. 73 of 1982 instituted by Joseph Scaria, the plaintiff-respondent. A decree for specific performance of contract of sale dated 16-2-1976, was made on 22-12-1984. The decree was only against the defendant No.1 a sister of the plaintiff. The defendant No. 2 was sued as an agent of the defendant No.1 The decree directed the defendant No.1 to execute conveyance of the suit property upon the plaintiff depositing the consideration.

In his written statement, Defendant No. 3 made no claim to the property in suit and alleged that he was unnecessarily joined as defendant. The plaintiff alleged that the defendant Nos. 2 and 3 were committing waste at the instigation of the defendant No. 1.

The decree was executed and the land measuring 1 acre 5 cents delivered to the plaintiff on 22-9-1990.

The petitioner herein filed two Execu