The Indian Bank And The Official ... vs Seth Bansiram Jashamal Firm, Through ... on 7 December, 1933
In -- 'Indian Bank Ltd. Madras v. Bansiram Jashamal', AIR 1934 Mad 360 (L), Madhavan Nair and Jackson JJ. held that neither under the general principles of law nor under the Civil Procedure Code can a person who was not a party to a suit prefer an appeal against the decree therein. In that case the Official Receiver representing the general body of creditors was a defendant in a suit brought by two plaintiffs to declare their title to two items of property. The suit went against the Official Receiver. But he did not file an appeal. One of the creditors thereupon filed an appeal against the decree in the suit and along with it filed an application praying that in the circumstances this Court may be pleased to permit the applicant to appeal against the decree. The learned Judges held that under the Civil Procedure Code no person who is not a party to the suit can prefer an appeal under Section 96 because
"the right of appeal is a special creature of statute and it can be exercised only by those in whom the power is vested expressly or implied by the statute."