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Wednesday, October 10, 2012

Person Aggrieved but not party to the lis may file an appeal

In State of Punjab v. Amar Singh, AIR 1974 SC 994 to the effect that a person who is not a party to a decree or order may with the leave of the Court, prefer an appeal from such decree or order if he is either bound by the order or is aggrieved by it or is prejudicially affected by it.

1 comment:

  1. (i) "A person aggrieved" is one who suffers a decision materially adverse to him. The test is whether the words “person aggrieved” include “a person who has a genuine grievance because an order has been made which prejudicially affects his interests”. [Bar Council of Maharashtra v. M.V. Dabholkar, (1975) 2 SCC 702 at page 711]

    (ii) Normally, a ‘person aggrieved’ must be a man who has suffered a legal grievance, a man against whom a decision has been pronounced which has wrongfully deprived him of something or wrongfully refused him something, or wrongfully affected his title to something. [Thammanna v. K. Veera Reddy, (1980) 4 SCC 62 at page 68]

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