Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Main Points and Insights:
Analysis and Conclusion:
References:- ["2026 Supreme(Online)(Ker) 5742"]- ["P.S.NAZEER Vs MOLYKUTTY SEBASTIAN - Kerala"]- ["2026 0 Supreme(Ker) 10"]- ["2025 Supreme(Online)(Ori) 5666"]- ["2025 Supreme(Online)(Ori) 5667"]
In the complex world of , questions often arise about who has the right to challenge a 's decision. A common query is: can an prefer an ? This issue hinges on the fundamental concept of —the to initiate proceedings. While direct parties to a suit typically enjoy rights, third parties face stricter scrutiny. This blog post delves into the general rules, pivotal case laws, exceptions, and practical guidance, drawing from authoritative legal documents to provide clarity.
Understanding these principles is crucial for individuals, businesses, or entities potentially impacted by judgments they're not directly part of. Note that this is general information based on precedents and not specific legal advice—consult a qualified lawyer for your situation.
refers to the right to appear and be heard before a . In appeals, it ensures only those with a genuine stake in the outcome can challenge a or . The , implicitly limits appeals to persons aggrieved by the decision. As established in key rulings, a third party must demonstrate direct impact on their legal rights or interests to claim this standing.[
#ThirdPartyAppeal #LocusStandi #IndianCivilLaw
Appeals.—(1) Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal: 2018 (3) KLT 571 ], has considered the issue in detail and held that the respondent in the application filed before the tribunal is not facilitated to prefer an appeal as per the Act. ... The Punjab & Haryana High Court as well as the Bombay High Court has taken a different view, holding that the persons #HL_ST....
The appeal is dismissed without prejudice to the right of the appellant to recover the amount from the real owner. ... The said Sabu was not a prty to the claim petition, but, originally another person was impleaded as the owner. Sabu might have transferred the vehicle to that person. But, when registered owner was known, he was made a party. ... Even though there is liability for the insurance company to MACA.155/2004 3 third party, there is a statutory liability for the insured. Insurance company can recover the amount only from the in....
The second, third, fourth and fifth are the written complaints of the petitioner dated 23.10.2015, 19.10.2015, 01.10.2015 and 12.10.2015 respectively. ... Ordinate Judge, Bhubaneswar having been filed and in the absence of any such averments made in the petition as to find out the cause of action for filing the said suit and the reliefs claim therein the prayer seeking direction to opposite prty
1',':, I ,., Prty no: 1. SADK. p. s Advocate: Party no: 2.I. SULA"AN I ¢ ` ` a . or=j 2 . AABITHA I c, . , a . a i_ Advocate: All. ... JUDGMENT This writ petition was filed by the petitioner aggrieved by Ext.P1 order of the first respondent/Maintenance Tribunal, by which the petitioner was directed to pay maintenance ₹8,000/- each per month to his parents, who are respondents 2 and 3 herein ... First party chall pay monthly maintenance at the rate of i. 3500/-(Three Thousand Five Hundred) each to the Second Reapcndent, Sulainan and the Third#HL_....
Hence, the petitioner seeks leave to prefer a third party appeal as against the order passed by the learned Single Judge. 3. ... This civil miscellaneous petition has been filed by the petitioner seeking to prefer a third party appeal as against the order dated 15.10.2025 passed by the learned Single Judge in W.P.(MD) No.25840 of 2025. 2. ... Accordingly, this civil miscellaneous petition seeking leave of this Court to the petitioner herein to prefer a writ #HL_STAR....
Once that remedy is invoked and the appeal is dismissed, affirming the order under challenge, the same party cannot prefer another appeal as a second appeal. ... The proviso to section 413 of the states that the victim has the ‘right to prefer an appeal’ in contradistinction to a ‘right to prefer appeals’. Even otherwise, the Sanhita contemplates only a right of appeal to a party only once. ... The right to prefer an appea....
Being aggrieved by such judgment, the Petitioner- Complainant has approached this Court by filing the present application under the provision of Section 378(4) of the Cr.P.C. seeking leave to prefer an appeal. 5. ... Accordingly, the right of the Complainant to prefer an appeal under the proviso to Section 372 has been recognised by the Hon’ble Supreme Court and the Complainant was granted liberty to prefer an appeal against the judgment of acquittal under the proviso....
Being aggrieved by such judgment, the Petitioner- Complainant has approached this Court by filing the present application under the provision of Section 378(4) of the Cr.P.C. seeking leave to prefer an appeal. 5. ... Accordingly, the right of the Complainant to prefer an appeal under the proviso to Section 372 has been recognised by the Hon’ble Supreme Court and the Complainant was granted liberty to prefer an appeal against the judgment of acquittal under the proviso....
ChandraVerma, J, since superannuated] as there is no averment in the whole civil review petition that any appeal
Being aggrieved by such judgment, the Petitioner- Complainant has approached this Court by filing the present application under the provision of Section 378(4) of the Cr.P.C. seeking leave to prefer an appeal. ... Accordingly, the right of the Complainant to prefer an appeal under the proviso to Section 372 has been recognised by the Hon’ble Supreme Court and the Complainant was granted liberty to prefer an appeal against the judgment of acquittal under the proviso t....
Such a person can prefer an appeal being a person aggrieved. Under Section 52 of the Transfer of Property Act, a decree passed against the defendant transferor would also be executed against the lis pendens transferee of the defendant, even though he was not a party to the suit. The person who is liable to be proceeded against in execution of the decree can file an appeal against the decree. Such a person can also file an application for recall under Rule 13 of Order IX of the CPC, as such, a person stepped into the shoes of the defendant and the decree was sought to be exe....
Clearly, the person who is liable to be proceeded against in execution of the decree or can file an appeal against in decree, though not a party to the suit or decree, does have locus standi to move an application for setting aside an ex-parte decree passed against the person in whose shoes he has stepped in. The appellant cannot dispute that the decree though passed against the respondents 2 and 3 could be executed even against the respondent 4, he being a lis pendens transferee though not having been joined in the suit as a party. Such a person can prefer an appeal being a person....
In the expression employed in Rule 13 of Order 9 of the CPC that 'in any case in which a decree is passed ex-parte against a defendant, he may apply for an order to set it aside' the word 'he' cannot be construed with such rigidity and so restrictively as to exclude the person, who has stepped into the shoes of the defendant, from moving an application for setting aside the ex- parte decree especially in the presence of section 146 of the CPC. The appellant cannot dispute that the decree though passed against the respondents 2 and 3 could be executed even against the respondent 4, he being a....
The appellant cannot dispute that the decree though passed against the respondents 2 and 3 could be executed even against the respondent 4, he being a lis pendens transferee though not having been joined in the suit as a party. Such a person can prefer an appeal being a person aggrieved. In the expression employed in Rule 13 of Order 9 of the CPC that ‘in any case in which a decree is passed ex-parte against a defendant, he may apply for an order to set it aside’ the word ‘he’ cannot be construed with such rigidity and so restrictively as to exclude the person, who has step....
Such a person can prefer an appeal being a person aggrieved.” 2 and 3 could be executed even against the respondent No. 4, he being a lis pendens transferee though not having been joined in the suit as a party.
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