HARDEVINDER SINGH versus PARAMJIT SINGH & OTHERS

HARDEVINDER SINGH versus PARAMJIT SINGH & OTHERS

A person prejudicially or adversely affected by a decree, even if not the original party to the appeal and even where a settlement has been entered, remains an aggrieved party with the right to appeal if his legal rights are affected; defendant No.5's benefit under the trial court decree was extinguished by the appellate court, making him an aggrieved party entitled to maintain the second appeal.

Parties
Appellant/defendant No.5: Hardevinder Singh; Respondents/defendant Nos.1 to 4 and 6: Paramjit Singh & Others
Jurisdiction
India
Judgment Date
07 January 2013
Procedural Posture
Civil Appeal / Supreme Court Appeal Against High Court Order Rejecting Maintainability of Second Appeal
Outcome
Appeal allowed
Legal Topics
Maintainability of Appeal, Person Aggrieved, Legal Injury, Nature and Character of Property, Ancestral Vs Self Acquired Property, Joint Hindu Family Property
Civil Procedure Property Law Succession Maintainability of Appeal Person Aggrieved Legal Injury Nature and Character of Property Ancestral Vs Self Acquired Property +1 more

Case Brief

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Parties

Hardevinder Singh

Appellant/defendant No.5

Paramjit Singh & Others

Respondents/defendant Nos.1 to 4 and 6

Procedural Posture

Civil Appeal / Supreme Court Appeal Against High Court Order Rejecting Maintainability of Second Appeal

Legal Issues

  1. 1 Whether a person prejudicially or adversely affected by a decree can maintain an appeal under Sections 96 and 100 of CPC
  2. 2 Whether defendant No.5 was an aggrieved party entitled to maintain the second appeal after the trial court's decree was overturned following the plaintiff's settlement

Ratio Decidendi

A person prejudicially or adversely affected by a decree, even if not the original party to the appeal and even where a settlement has been entered, remains an aggrieved party with the right to appeal if his legal rights are affected; defendant No.5's benefit under the trial court decree was extinguished by the appellate court, making him an aggrieved party entitled to maintain the second appeal.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court is set aside.
  • Second appeal preferred by the present appellant (defendant No.5) is held maintainable in law.