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2021 Supreme(Guj) 657

J.B.PARDIWALA, VAIBHAVI D.NANAVATI
MOOMAN JAFFERALI ALIJI MAKNOJIYA – Appellant
Versus
SHIA IMAMI ISMAILI MOMIN JAMAT SAMAJ – Respondent


Advocates Appeared:
For The Appellant : MR ANMOL A MEHTA
For The Respondent:MR AS VAKIL, MR DHAVAL D VYAS, MR B.S.PATEL, SR.ADVOCATE with MR AMIT R JOSHI, ADVS.

ORDER :

J.B.PARDIWALA, J.

1. The present Civil Applications have been filed seeking leave to prefer Appeals under Section 96 of the Code of Civil Procedure.

2. The applicants-appellants have filed the present Appeals seeking to challenge the two consent decrees dated 15th March 2016 and 17th December 2016 respectively drawn by the Principal Senior Civil Judge, Patan, in the Special Civil Suit No.6 of 2016 and Special Civil Suit No.19 of 2016 respectively. Indisputably, the applicants herein were not the parties to the suit proceedings.

LAW GOVERNING THE GRANT OF LEAVE TO APPEAL :

3. Sections 96 and 100 respectively of the Code of Civil Procedure provide for preferring an appeal from any original decree or from decree in appeal respectively. The aforesaid provisions do not enumerate the categories of persons who can file an appeal. However, it is a settled legal proposition that a stranger cannot be permitted to file an appeal in any proceedings unless he satisfies the court that he falls with the category of aggrieved persons. It is only where a judgment and decree prejudicially affects a person who is not a party to the proceedings, he can prefer an appeal with the leave of the appella

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