Bombay High Court
Shankar Waman Thatle
Versus
Madhwkrishna Joshi & others
Decided On:

Headnote:Section 96-Dismissal of suit filed by Charity Commissioner under Section 50 of the Bombay Trust Act-Right to file appeal against.

       The Court is certainly required to examine the locus standi of the Appellant in the matter of filing the appeal especially when the same is challenged by the Respondents for the first time in this appeal. In the civil application which was filed by the appellant for the permission, the Respondents were not given any notice and they were not heard. Therefore, this is the first occasion, i.e. at the hearing of this appeal that the Respondents can raise whatever objections in law they are entitled to raise to the locus standi of the appellant to file the appeal.

       As a general rule it could certainly be said that even though a person who is not a party to a suit if the judgment and decree adversely affects him he can certainly file an appeal against the judgment and decree albeit with the leave of the Court. But to that general proposition the case on hand would be an exception as pointed out by the Division Bench of this High Court in Jan Mohomeds case.

       For Citation : 1996(1) All MR 354 (Bom)