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Person whose legal right is adversely affected by a decree i

 

Person whose legal right is adversely affected by a decree is having locus standi to file appeal

 


Hardevinder Singh v. Paramjit Singh, (2013) 9 SCC 261

Ss. 100 and 96 - Appeal - Maintainability - Locus standi/Right to file appeal against a decree - Person whose legal right
prejudicially or adversely affected by a decree - Is a person aggrieved by such decree - Can maintain an appeal against
that decree - In present case, plaintiff claiming to be a co-sharer in property in question, filed instant suit against
defendants - D-5 (brother of plaintiff) supporting plaintiff's case - Trial court decreeing the suit - D-5 benefited from said
decree - In first appeal at the instance of Defendants 1 to 4, plaintiff entering into a settlement with contesting Defendants
1 to 4 - As a result thereof, judgment and decree passed by trial court were overturned in first appeal - Consequently, D-5
was prejudicially affected and was person aggrieved by decree passed by first appellate court - Hence, second appeal
preferred by him against said decree, held, was maintainable in law, (2013) 9 SCC 261-A

-https://www.lawweb.in/2013/12/person-whose-legal-right-is-adversely.html



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     22 December 2013

Thanks for the highly informative post.


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