Person whose legal right is adversely affected by a decree is having locus standi to file appeal

Hardevinder Singh v. Paramjit Singh, (2013) 9 SCC 261

Ss. 100 and 96 - Appeal - Maintainability - Locus standi/Right to file appeal against a decree - Person whose legal right
prejudicially or adversely affected by a decree - Is a person aggrieved by such decree - Can maintain an appeal against
that decree - In present case, plaintiff claiming to be a co-sharer in property in question, filed instant suit against
defendants - D-5 (brother of plaintiff) supporting plaintiff's case - Trial court decreeing the suit - D-5 benefited from said
decree - In first appeal at the instance of Defendants 1 to 4, plaintiff entering into a settlement with contesting Defendants
1 to 4 - As a result thereof, judgment and decree passed by trial court were overturned in first appeal - Consequently, D-5
was prejudicially affected and was person aggrieved by decree passed by first appellate court - Hence, second appeal
preferred by him against said decree, held, was maintainable in law, (2013) 9 SCC 261-A

Civil Procedure Code, 1908
Or. 41 R. 22(1) - Respondent's right to file cross-objection in appeal - Nature and scope of - Filing of cross-objection
against adverse finding recorded in judgment or decree - Is permissible after amendment of Or. 41 R. 22 vide Act 104 of
1976 - Withdrawal of appeal or dismissal thereof for default - Would not affect adjudication of said cross-objection on
merits, (2013) 9 SCC 261-B

Case Law can be found at : 
http://www.lawweb.in/2013/12/basic-concept-of-legal-right.html

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