Appeal By Third Party

Who Can File Appeal............... Appeal by Third Party/Person

         

- Generally an appeal shall be filled by the party to the suit/proceeding/application/petition.

- As per C.P.C. an appeal shall lie from Decree/Orders.

-As per S.96 an appeal shall lie from decree but shall not lie against consent decree also no appeal lie from decree of small causes courts in which subject matter does not exceed 10 thousand rupees except on question of law.

-S.2(2) of C.P.C. drfines decree.

-As per O.43 R.1 of C.P.C. :- An appeal lie from from following order u/s 104 - order u/r 10 of O.7/r.9. Of.o.9 rejection of application/r.13 of o.9 rejection of application/ o.21of  r.11/r.34 of o.21/r.72 or 92 of o.21/ r(1)(106 )  (1) (105) of o.21/r.9 of 0.22/r.10 of o.22/r.10 of o.22/r.5,7 of o.33/r.3,4,6 of o.35/r.2,3,6 of 38/ r.1,2, 2A,4,10 of 39/r.1,4 of o.50/r.19 of o.51/r.23,23A of o.51/r.4 of o.47 granting an application for review.

- Also number of laws provided an appealable provisions like Hindu Marriage Act/Indian Succession Act/Mah. Public Trust Act/Mah Tenancy & Agricultural la ds Act/Mah Land Revenue Code/Mamaladar Act.....Etc.

- S.5 /96/104/O.41,43 of C.P.C. are relevant in respect of an appeal.

- Basically or Generally party to proceeding against whom decree/order passed shall lie an appeal .

- But THIRD PARTY/PERSON who is NOT a party to proceeding may prefer an appeal WEATH LEAVE OF APPELLATE  COURT if he would be Prejudicially affected by Judgement/Order.

....... Relevant Judgement................

Hardevinder Singh v/s Paramjit & Ors 

2013 Supreme Appeals Reporter (civil) 169=2013(9)SCC 261=2013 AIR SCW 447.

....... Please Comment/give Suggestions......

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