Who can file an Appeal against a Judgment passed in a Civil Suit?

 

Recently, the Hon’ble Supreme Court discussed the question that can a person who is not a party to the suit prefer an appeal if he satisfies the court that he is a person aggrieved by the judgment? This is was the basic controversy involved in the case of V.N. Krishna Murthy & Anr. v. Ravikumar & Ors., (2020) SCC OnLine SC 664. The Hon’ble Supreme Court examined the entire matter and laid down the following propositions and observations: -

 

1. S.96 & 100 of the Code of Civil Procedure, 1908 (CPC) provide for preferring an appeal from any decree but do not provide for the categories of persons who can file an appeal.

 

2. A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies the Court that the judgment and decree prejudicially affects such a person who is not party to the proceedings.

 

3. In A. Subash Babu v. State of A.P., (2011) 7 SCC 616, it was held that: -

 

“The expression ‘aggrieved person’ denotes an elastic and an elusive concept. It cannot be confined that the bounds of a rigid, exact and comprehensive definition. Its scope and meaning depends on diverse, variable factors such as the content and intent of the statute of which contravention is alleged, the specific circumstances of the case, the nature and extent of the complainant's interest and the nature and extent of the prejudice or injuries suffered by him.”

 

4. It was further laid down by the Court that ‘the expression ‘person aggrieved’ does not include a person who suffers from a psychological or an imaginary injury; a person aggrieved must, therefore, necessarily be one, whose right or interest has been adversely affected or jeopardized.’

 

5. The Court also discussed the test laid down in the case of Srimathi K. Ponnalagu Ammani v. The State Of Madras represented by the Secretary to the Revenue Department, Madras, 66 LW 136, wherein it was held that ordinarily leave to appeal should be granted to persons who, though not parties to the proceedings, would be bound by the decree or judgment in that proceeding and who would be precluded from attacking its correctness in other proceedings.

 

6. 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.