‘Unless a right of appeal is clearly given, by statue, it does not exist’. Comment. Can an appellate court reverse a decree on the ground of misjoinder of parties?

Question: ‘Unless a right of appeal is clearly given, by statute, it does not exist’. Comment. Can an appellate court reverse a decree on the ground of misjoinder of parties?

Find the answer to the mains question only on Legal Bites. [‘Unless a right of appeal is clearly given, by statute, it does not exist’. Comment. Can an appellate court reverse a decree on the ground of misjoinder of parties?]

Answer

Right of appeal is not a natural or inherent right attaching to litigation. Such a right is given by the statute or by the rules having the force of statute.

Section 96 of the Code of Civil Procedure provides that

“Save as where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such court. An appeal may lie from an original decree passed ex-parte”.

The following are the exceptions

1. No appeal shall lie from a decree passed by the Court with the consent of parties.
2. No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject matter of the original suit does not exceed ten thousand rupees.

Note:- The value of the subject matter stated above was increased to ten thousand from originally three thousand by C.P.C. (Amendment) Act, 1999.

3. Where any party, aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such decree.”

Whether Appellate Court can Reverse a Decree on Ground of Mis-joinder of Parties.

Section 99 of the Code provides

“No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction. – No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder [or non-joinder] of parties or causes of action or any error, defect, or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court: Provided that nothing in this Section shall apply to nonjoinder of a necessary party.”

Thus, the appellate Court shall not reverse a decree on the ground of misjoinder of parties unless it has affected the merits of the case or the jurisdiction of the Court or there has been a failure of justice.

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