Code of Civil Procedure, 1908–Sec. 96–Leave to appeal–Governing principles-
(1) Secs. 96 & 100 of the CPC respectively provide for preferring an appeal from an original decree or decree in appeal respectively;
(2) The said provisions do not enumerate the categories or persons who can file an appeal;
(3) 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;
(4) It is only where a judgment and decree prejudicially affect a person who is not a party to the proceedings, he can prefer an appeal with the leave of the Court;
(5) 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;
(6) The expression “person aggrieved” does not include a person who suffers from a psychological or an imaginary injury;
(7) 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; and
(8) Ordinarily leave to appeal should be granted to the parties 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.
