H Anjanappa vs A Prabhakar 2025 INSC 121 - Ss 96,100 CPC - S 52 TP Act -Leave To Appeal

Code of Civil Procedure 1908 - 96 and 100 - A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies the court that he falls within the category of an aggrieved person- It is only where a judgment and decree prejudicially affects a person who is not a party to the proceedings, he can prefer an appeal with the leave of the court - A person aggrieved, to file an appeal, must be one whose right is affected by reason of the judgment and decree sought to be impugned - The expression “person aggrieved” does not include a person who suffers from a psychological or an imaginary injury- It would be improper to grant leave to appeal to every person who may in some remote or indirect way be prejudicially affected by a decree or judgment -Ordinarily leave to appeal should be granted to persons who, though not parties to the proceedings, would be bound by the decree or judgment in that proceeding and who would be precluded from attacking its correctness in other proceedings.

Code of Civil Procedure 1908 - Order I Rule 10 - Order XXII Rule 10 CPC ; Transfer of Property Act - Section 52 - A lis pendens transferee though not brought on record under Order XXII Rule 10 CPC, is entitled to seek leave to appeal against the final decree passed against this transferor, the defendant in the suit. i. First, for the purpose of impleading a transferee pendente lite, the facts and circumstances should be gone into and basing on the necessary facts, the Court can permit such a party to come on record, either under Order I Rule 10 CPC or under Order XXII Rule 10 CPC, as a general principle; ii. a transferee pendente lite is not entitled to come on record as a matter of right; iii. Thirdly, there is no absolute rule that such a transferee pendente lite, with the leave of the Court should, in all cases, be allowed to come on record as a party; iv. Fourthly, the impleadment of a transferee pendente lite would depend upon the nature of the suit and appreciation of the material available on record; v. Fifthly, where a transferee pendente lite does not ask for leave to come on record, that would obviously be at his peril, and the suit may be improperly conducted by the plaintiff on record; vi. Sixthly, merely because such transferee pendente lite does not come on record, the concept of him (transferee pendente lite) not being bound by the judgment does not arise and consequently he would be bound by the result of the litigation, though he remains unrepresented; vii. Seventhly, the sale transaction pendente lite is hit by the provisions of Section 52 of the Transfer of Property Act.

Code of Civil Procedure 1908 - Section 96,100 and Order XXII Rule 10 - A lis pendens transferee though not brought on record under Order XXII Rule 10 CPC, is entitled to seek leave to appeal against the final decree passed against this transferor, the defendant in the suit. However, whether to grant such leave or not is within the discretion of the court and such discretion should be exercised judiciously in the facts and circumstances of each case. (Para 56)

Code of Civil Procedure 1908 - Section 1546 and Order XXII Rule 10 CPC - While deciding an application under Section 146 and Order XXII Rule 10 CPC, the Court is not require to go in the controversy as to whether person sought to be impleaded as party in the suit is either necessary or proper party. If the person sought to be impleaded as party is legal representative of a party to the suit, it is sufficient for the Court to order impleadment/substitution of such person. (Para 55)