person who is not a party may prefer an appeal with the leave of the appellate court "if he would be prejudicially affected by the judgment and if it would be binding on him as res-judicata
An order like Annexure 'A' ordinarily binds the parties only and here the State which is the appellant is seriously prejudiced by that order but is not a party to it. Therefore, it cannot bind the state proprio vigore. It was argued by Shri Dhingra that the State could have moved by way of appeal or review and got the order set aside if there was ground and that not having done so it was bound by the order. As a matter of fact, the State, which is not a party to the proceedings, does not have a right of appeal. The ordinary rule is that only a party to a suit adversely affected by the decree or any of his representatives-in- interest may file an appeal. Under such circumstances a person who is not a party may prefer an appeal with the leave of the appellate court "if he would be prejudicially affected by the judgment and if it would be binding on him as res-judicata underExplanation 6 to s. 11." (see Mulla- Civil Procedure Code-13th edn vol. I, 421). Section 82 of the Punjab Tenancy Act, 1887, which may perhaps be invoked by a party even under the Act, also speaks ,of applications by any party interested. Thus, no right of review or ,of appeal under s. 18 can be availed of by the State as of right.
Supreme Court of India
State Of Punjab (Now Haryana) And, ... vs Amar Singh And Another on 21 January, 1974
Equivalent citations: 1974 AIR 994, 1974 SCC (4) 305
Bench: Krishnaiyer, V.R.
