P.CHENGA REDDY Vs. KUPPALA BALA SUBRAMANYA

JUDGEMENT

(1.) A third party has made an application for leave of this Court to prefer the appeal against the judgment and order of the learned single Judge, dt.26.4.2010 rendered in Writ Petition No.20967 of 2009.

(2.) A question has come up before this Court what is the legal provision to make such application, as general perception of the Court and common people is that an appeal can be preferred by a party, not a third party. But, one has to visualize the situation, if sometimes the judgment and decree or order unmindfully affects a third party and decision is rendered on adjudication against him, what would be his remedy, for, a person cannot ignore the judgment of the Court below, under law, to seek remedy, not taking the law in his own hands. Vide Rule 24 of the Writ Proceedings Rules, 1977 framed by this Court, a provision has been made for applicability of provisions of the Code of Civil Procedure (CPC). The Constitution of India does not provide for appellate provision in relation to proceedings under Article 226 of the Constitution of India. Provision for preferring appeal must be provided by the Statute expressly and we are to look therefor.

(3.) This Court has been established substantially as a successor Court of the original Madras High Court which was constituted by Letters Patent 1862 followed by 1865. Clause 15 of the Letters Patent of 1865 provides for intra Court appeal. We, therefore, set out Clause 15 of Letters Patent, 1865: