J VIJAYALAKSHMI Vs. MASTER S U SACHIN

JUDGEMENT

(1.) THIS is an application for permission to prosecute the appeal challenging the compromise decree in o. s. No. 121 of 1994 instituted by the first respondent herein challenging the alienation made by the father.

(2.) THE request for permission to prosecute the appeal is resisted by respondents 1 to 3. It is contended for the respondents that the applicant is a total stranger to the suit and is not even a proper party and has no interest in the subject-matter of the suit. It is also contended that equity between the parties to the suit has been worked out and found to be acceptable to the trial court and the decree has been passed in accordance with order 32, Rule 7 of the CPC. The applicant cannot seek leave to introduce a new dimension to the suit.

(3.) THE question as to whether a person who is not a party to the proceedings could be permitted to appeal against the decision came up for consideration in shivaraya v siddamma and another. His lordship Mr. Justice a. r. somanath iyer (as he then was) enunciated the position of law as follows: