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2002 Supreme(SC) 1091

Baldev Singh – Appellant
Versus
Surinder Mohan Sharma – Respondent


Judgement Key Points

Key Points: - (!) The First Respondent had no locus standi to prefer an appeal against the decree; a third party cannot intrude into privacy of spouses to challenge dissolution of marriage. - (!) An appeal against a decree under Section 96 CPC is maintainable only by a person aggrieved by and dissatisfied with the judgment and decree; third parties with unrelated disputes lack locus. - (!) Locus of a person to prefer an appeal is vital to protect privacy rights; the third party's allegations do not confer locus to appeal. - (!) The judgment discusses whether it is in personam or in rem but concludes third party cannot challenge based on those grounds. - (!) Ex parte/decree issues: a third party cannot challenge unless aggrieved; bona fides require genuine interest, not ongoing disputes. - (!) The High Court's observations allowing a 3rd party to file an appeal were reversed; third party not maintainable. - (!) The appeals are disposed of with costs in favor of appellant Baldev Singh.

What is the locus standi of a third party to challenge a decree or dissolution in a Civil Appeal under Article 227 of the Constitution?

What is the scope of an appeal under Section 96 CPC in respect of a decree, and who is considered "aggrieved" to maintain such an appeal?

What considerations determine whether a revision application filed by a third party is bona fide and maintainable, particularly regarding privacy and interests of the spouses?


JUDGMENT

S.B. Sinha, J.-Leave granted.

2. One Ajay Kumar, said to be a brother of a property dealer, instituted a suit for permanent injunction against the First Respondent herein in respect of a House No. HM-14, Phase II, Mohali. The said suit was dismissed as withdrawn on 14th December, 1991. Allegedly, in relation to the said property, the First Respondent entered into an agreement to sell dated 23rd June, 1990 with the father of the appellant (since deceased). He expired on 5th January, 1991. The First Respondent herein thereafter filed a suit for possession against the aforementioned Ajay Kumar treating him as his tenant and the appellant as the sub-tenant. He also allegedly refused to honour the agreement to sell earlier executed by him in favour of father of the appellant. While deposing in the second suit, the appellant herein made the following statements in cross-examination :-

"My first wife is Sarbjit Kaur and my second wife is Paramjit Kaur- whenever I have been posted at Chandigarh I have been staying with my wife Paramjit Kaur. She is in service in Director Cultural Affairs, Punjab, Sector -38, Chandigarh as Librarian. I have two children from Paramjit Kaur."

3. Relying





















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