Only “person aggrieved” is entitled to file appeal under S. 96 and S. 100 CPC: SC

Sri V.N. Krishna Murthy v. Sri Ravikumar

https://main.sci.gov.in/supremecourt/2019/33068/33068_2019_33_1501_23510_Judgement_21-Aug-2020.pdf

CIVIL APPEAL NOS. 2701-2704 OF 2020

(ARISING OUT OF SPECIAL LEAVE PETITION (C) NOS. 6952-6955 OF 2020)

decided 21.08.2020

Bench:  Arun Mishra, B.R. Gavai and Krishna Murari, JJ.

Facts

A suit was filed and during the pendency of the suit proceedings, the appellants who were not party to the suit made an application under Order 1 Rule 10 (2) CPC for impleadment which was dismissed by the Trial Court. The order was challenged by filing a Writ Petition before the High Court which came to be dismissed as infructuous as the suit itself came to be decided, in the meantime. Aggrieved by the judgment and decree of the Trial Court, the appellants preferred appeals against the judgment and decree to Supreme Court.

Question of Law

Whether the appellants have the locus to question the judgment and decree passed by the Trial Court?

Held

The Supreme Court dismissing the appeal filed by appellant held that they have thus failed to demonstrate that how they are prejudicially or adversely affected by the decree in question or any of their legal rights stands jeopardized so as to bring them within the ambit of the expression ‘person aggrieved’ entitling them to maintain appeal against the decree.

The Court said that 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 affect a person who is not party to the proceedings, he can prefer an appeal with the leave of the Appellate Court.

The Court further defined “aggrieved persons” as a person whose right or interest has been adversely affected or jeopardized. The Court applying this test was of the considered opinion that appellants can neither be said to be aggrieved persons nor bound by the judgment and decree of the Trial Court in any manner and therefore, appeal is liable to be dismissed.