What is the basic concept of legal right and how this concept is relevant to decide who is “person aggrieved” ?

 In this context, we may refer to a recent
pronouncement in Ayaaubkhan Noorkhan Pathan
v. The State of Maharashtra & ors.
2012 (11) SCALE 39wherein this
Court has held thus: -
“A “legal right”, means an entitlement
arising out of legal rules. Thus, it may be
defined as an advantage, or a benefit
conferred upon a person by the rule of law.
The expression, “person aggrieved” does
not include a person who suffers from a
psychological or an imaginary injury; a
person aggrieved must therefore,
necessarily be one, whose right or interest
has been adversely affected or
jeopardized. (Vide: Shanti Kumar R. Chanji
v. Home Insurance Co. of New York, AIR
1974 SC 1719; and State of Rajasthan &
Ors. v. Union of India & ors., AIR 1977 SC
1361).”

Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 102 OF 2013
(Arising out of S.L.P. (C) No. 35271 of 2011)

Hardevinder Singh Vs  Paramjit Singh 

Dated: January 07, 2013
Dipak Misra, J.
Citation: (2013) 9 SCC 261; 2013 KHC 4017.

Read full Judgment here: Click here

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Leading Supreme Court judgment on concept of person aggrieved' for the purpose of filing of appeal

 In Baldev Singh v. Surinder Mohan Sharma and

others (2003) 1 SCC 34

, a three Judge-Bench opined that an appeal

under Section 96 of the Code would be maintainable

only at the instance of a person aggrieved by and

dissatisfied with the judgment and decree. In the

said case, while dealing with the concept of ‘person

aggrieved’, the Bench observed thus:-

“A person aggrieved to file an appeal must

be one whose right is affected by reason or

the judgment and decree sought to be

impugned. It is not the contention of

Respondent 1 that in the event the said

judgment and decree is allowed to stand,

the same will cause any personal injury to

him or shall affect his interest otherwise.”

In this context, we may refer to a recent

pronouncement in Ayaaubkhan Noorkhan Pathan

v. The State of Maharashtra & ors. 2012 (11) SCALE 39

 wherein this

Court has held thus: -

“A “legal right”, means an entitlement

arising out of legal rules. Thus, it may be

defined as an advantage, or a benefit

conferred upon a person by the rule of law.

The expression, “person aggrieved” does

not include a person who suffers from a

psychological or an imaginary injury; a

person aggrieved must therefore,

necessarily be one, whose right or interest

has been adversely affected or

jeopardized. (Vide: Shanti Kumar R. Chanji

v. Home Insurance Co. of New York, AIR

1974 SC 1719; and State of Rajasthan &

Ors. v. Union of India & ors., AIR 1977 SC

1361).”

21. Though the said judgment was delivered in a

different context, yet it is applicable to the obtaining

factual matrix regard being had to the conception of

legal injury. Thus, indubitably, the present appellant

was a person aggrieved and was prejudicially

affected by the decree and, hence, the appeal could

not have been thrown overboard treating as not

maintainable.

Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 102 OF 2013

(Arising out of S.L.P. (C) No. 35271 of 2011)

Hardevinder Singh  Vs  Paramjit Singhs

Dated;January 07, 2013 Citation; 2013(1)ALLMR(SC)946, 2014(2)MhLj126, , (2013)9SCC261, 

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