Ajeet Singh vs Kailash Kanwar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1828

ANOOP KUMAR DHAND
Ajeet Singh – Appellant
Versus
Kailash Kanwar – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Gaurav Gupta.
For the Respondent: Mr. Jaideep Singh, Mr. Pranav Sharma, Mr. Jai Kishan Yogi, Mr. Sannidhya Doi.

JUDGMENT :

Anoop Kumar Dhand, J.

The issue involved in this petition is "Whether an aggrieved person can challenge the impugned judgment before the higher appellate Court by seeking leave to file appeal wherein he was not a party? If the said judgment and decree is obtained by a person by misrepresentation and on the basis of concealment or incorrect facts." It is in the above background the issue involved in this petition is required to be considered.

2. Since common question of law and facts are involved in these petitions, hence with the consent of counsel for the parties, all these matters are taken up for final disposal and are being decided by this common order.

3. By way of filing these petitions, the petitioners are aggrieved by the impugned order dated 11.10.2021 passed by the Revenue Appellate Authority, Alwar (for short 'RAA') by which the appeal filed by the respondents under section 96 of the Code of Civil Procedure (for short 'CPC') and under Section 5 of The Limitation Act, 1963 have been allowed and the delay in filing the appeal has been condoned. Feeling aggrieved and dissatisfied by the order dated 11.10.2021, the petitioners submitted revision petitions before the B