1. Appeal filed by interveners in a writ petition via a certificate granted by the High Court under Article 133(1)(c) of the Constitution. (Para 1 )
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1969 Supreme(SC) 174
SUPREME COURT OF INDIA
K.S.Hegde : R.S.Bachawat : S.M.Sikri
N.Swain
Versus
B.K.Mohapatra
Case No. : 2064 of 1968
Date of Decision : 4/11/69
An intervener in a High Court writ petition is not entitled to appeal the judgment independently; they must instead apply for intervention in the appeal filed by the original parties in the Supreme Court.
Headnote:(A) Constitution of India - Article 133(1)(c) - Appeal - Intervener - Right to appeal - An intervener in a writ petition before the High Court is not entitled to appeal against the judgment and order of the High Court - High Court should not have granted certificate to interveners under Article 133(1)(c) - In such cases, the officers who intervened before the High Court should, if they wanted to be heard, have applied to the Supreme Court for intervention in the appeal filed by the main parties. (Para 2)
Facts of the case:
Two officers, who were not original parties to a writ petition but were allowed to intervene in the proceedings before the High Court, were granted a certificate under Article 133(1)(c) of the Constitution to appeal the High Court's judgment to the Supreme Court.
Findings of Court:
The court held that the High Court should not have granted the certificate to the interveners as they are not entitled to appeal against the judgment and order of the High Court.
Issues: Whether an intervener in a writ petition before the High Court is entitled to appeal the judgment of the High Court via a certificate granted under Article 133(1)(c) of the Constitution.
Ratio Decidendi: An intervener does not possess the standing to file an appeal against a High Court judgment; the appropriate legal remedy for such parties is to apply for intervention in the appeal filed by the original parties in the higher court.
Result: Certificate discharged and appeal dismissed.
Legal Category Hierarchy
Table of Contents
2. Interveners are not entitled to appeal High Court judgments and should instead apply for intervention in the Supreme Court appeal. (Para 2 )
3. Interveners in High Court proceedings lack the standing to appeal the judgment or obtain certificates under Article 133(1)(c) of the Constitution. (Para 2 )
4. Certificate discharged and appeal dismissed. (Para 3 )
5. Can an intervener in a High Court writ petition appeal the judgment?
No, an intervener is not entitled to appeal against the judgment and order of the High Court. (Para 2 )
6. Can a High Court grant a certificate under Article 133(1)(c) of the Constitution to an intervener?
No, the High Court should not grant a certificate under Article 133(1)(c) to interveners as they lack the entitlement to appeal the judgment. (Para 2 )
7. What is the correct procedure for an intervener to be heard in the Supreme Court if an appeal is filed?
Officers who intervened before the High Court should apply to the Supreme Court for intervention in the appeal filed there. (Para 2 )
S.M.SIKRI, J.
(1) THIS appeal was heard along with State of orissa v. B. K. Mohapatra, in whichwe have just delivered judgment and is against the same judgment which was appealed against in that appeal. This appeal is by certificate granted by the High court of orissa, under Article 133(l)(c) of the Constitution, to two officers N. Swain and S. S. Padhi who were not made parties in that writ petition filed by B. K. Mohapatra but they were allowed to intervene in the writ petition before the High court.
(2) IT seems to us that an intervener is not entitled to appeal against the judgment and order of the High court and the High court should not have granted certificate to them under Article 133(l)(c). In such cases the officers who intervened before the High court should, if they wanted to be heard, have applied to the Supreme court for intervention in the appeal filed here.
(3) IN the result we discharge the certificate and dismiss the appeal. There will be no order as to costs.
