MOHAMMAD FAISAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri K.R. Sirohi, Senior Advocate assisted by Sri Ramesh Pundir, learned counsel for the petitioners. Learned Standing counsel has appeared for respondent Nos. 1 and 2 and Sri R.B. Singh, learned counsel has appeared for respondent No. 4. The very first paragraph of the writ petition and the relief (a) of the petition reveals that the petitioners are challenging the correctness of some of the findings returned in judgment, order and decree dated 21.8.2012 passed in Original Suit No. 412 of 1997. The decree is otherwise in favour of the petitioners.

(2.) In view of the fact that the decree is in favour of the petitioners, they are not the persons aggrieved. They cannot even maintain an appeal against the findings recorded therein.

(3.) It is settled that unlike a suit, right to appeal is a statutory right. Code of Civil Procedure provides for an appeal, against the decree and not against any finding contained in the judgment. This is the view which has constantly been expressed by the Supreme Court right from Smt. Ganga Bai v. Vijay Kumar and others, 1974 AIR(SC) 1126