Read Order: Surender Pal Singh v. Siri Chand and Others

Monika Rahar

Chandigarh, March 1, 2022: While dealing with a regular second appeal, the Punjab and Haryana High Court has reaffirmed that a third party cannot file an appeal under the Code of Civil Procedure, 1908 without obtaining a prior leave of the Court to file the appeal. 

The Bench of Justice Sudhir Mittal said, “Without reading the judgment, I am not in agreement with learned counsel for the appellant that a third party appeal is maintainable under the Code of Civil Procedure. Be that as it may, the judgment relied upon by learned counsel for the appellant also states that an appeal can be filed by a third party only after grant of leave by the concerned Court.”

The case originated from a suit filed by the first and the second respondents seeking an injunction restraining the defendant from obstructing their passage into a public street. The suit was decreed and thus appeals were filed by the defendant and his brother, who was not a party defendant. The appeal of the defendant’s brother was dismissed for not being maintainable since prior leave of the Court to file the appeal was not taken. 

Hence, the present regular second appeal was filed before the High Court by the appellant-brother.

The counsel for the appellant relied upon the case of Hardevinder Singh vs. Paramjit Singh and others, 2013(2) Punjab Law Journal 6 to submit that even a third party can file an appeal with the prior leave of the Court. 

Regarding the case cited by the appellant’s counsel, the Court opined that without reading the judgment, it was not in agreement with the contention that a third party appeal was maintainable under the Code of Civil Procedure. 

Further, the Court observed that the judgment so relied upon by the Counsel for the appellant also stated that an appeal could be filed by a third party only after the grant of leave by the concerned Court. And here, in this case, the Court noted that admittedly, no leave was sought or granted and thus, the appeal filed by the appellant before the First Appellate Court was not maintainable. 

For the aforementioned reasons, the Court dismissed the appeal. 

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