Section 96-100 CPC – A Person Affected By A Judgment/Decree But Not A Party To Suit, Can Prefer Appeal With The Leave Of The Court: Supreme Court

Case: My Palace Mutually Aided Cooperative Society vs B. Mahesh

Coram: CJI NV Ramana, Justices Krishna Murari and Hima Kohli

Case No.: CA 5784 OF 2022

Court Observation: “Sections 96 to 100 of CPC deals with the procedure for filing appeals from original decrees. A perusal of the above provision makes it clear that the provisions are silent about the category of persons who can prefer an appeal. But it is well settled legal position that a person who is affected by a judgment but is not a party to the suit, can prefer an appeal with the leave of the Court. The sine qua non for filing an appeal by a third party is that he must have been affected by reason of the judgment and decree which is sought to be impugned.. In the light of the above, it can be safely concluded any aggrieved party can prefer an appeal with the leave of the Court”.

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