Bench : Justice Arun Mishra, Justice B.R. Gavai and Justice Krishna Murari
Issue:
When can a third party file an appeal against a judgement?
Facts:
- The actual dispute was between the plaintiff & defendant (respondents in this appeal) regarding a suit property for which the suit was filed.
- The Trial court ordered that the sale agreement is barred by limitation & not binding on plaintiff. Also, the defendant is restrained from interfering in plaintiff's property.
- During the pendency of suit, the appellants filed an application under Order 1 Rule 10 (2) CPC for impleadment which was dismissed by the court. Writ petition was challenged in the HC but it was dismissed as the suit was decided by that time.
- Aggrieved by decision of trial court, the appellants filed an application seeking leave to appeal which was again dismissed by HC.
Appellant's contentions:
- It was contended that the subject matter of the suit directly affects their interest as they have become absolute owners of the suit property because of the sale deed. The decision of trial court granting injunction affects their rights as they are in possession of the property.
Respondent's contentions:
- It was submitted that there is no reference to the sale deeds as argued by the appellant. Therefore, there is no locus standi to challenge the judgement of trial court.
Judgement:
"Section 96 and 100 of the Code of Civil Procedure provide for preferring an appeal from any original decree or from decree in appeal respectively. The aforesaid provisions do not enumerate the categories of persons who can file an appeal. However, it is a settled legal proposition that a stranger cannot be permitted to file an appeal in any proceedings unless he satisfies the Court that he falls with the category of aggrieved persons. It is only where a judgment and decree prejudicially affects a person who is not party to the proceedings, he can prefer an appeal with the leave of the Appellate Court.
Mere saying that the appellants are prejudicially affected by the decree is not sufficient. It has to be demonstrated that the decree affects the legal rights of the appellants and would have adverse effect when carried out.”
-Para 15 & 22 (Sri V.N. Krishna Murthy & Anr. v. Sri Ravikumar & Ors.)
