JUDGMENT : Banerji, J. The suit out of which this appeal arises, was brought by the plaintiff to enforce a right claimed by him under a contract which he did not execute himself. The Courts below have dismissed the suit upon the ruling that he having been no party to the contract could neither be bound by nor take advantage of it. In other words, the Court has laid down as universal what is only a general rule of law to which there are marked exceptions. 2. It has not said if this is one of the exceptional cases. The learned Judge is wrong in assuming that the rule is universal, and we desire to call his attention to section 23 of the Specific Relief Act, clause (c), and also to the case of Williams v. Williams, [1868] L.R., 2 Ch. 294 at 300, and to the cases collected in Collett's edition of the Specific Relief Act. If the Court finds that the case falls within the exception, it will then proceed to try the case on its merits. We set aside the decrees of the Courts below and remand the case under section 562 of the Code of Civil Procedure to the Court of first instance for trial according to law. Costs will abide the event.