Ganga Bai v Vijay Kumar (1974)

CPC & Limitation Act · Inherent Powers & Interlocutory Orders (ss.148–151, s.94)

Facts.

A question arose whether a party could appeal where no statutory provision expressly conferred a right of appeal.

Issue.

Is there an inherent right of appeal comparable to the right to file a suit?

Held.

There is an inherent right to institute a suit, but no inherent right of appeal; an appeal lies only where a statute expressly grants it.

Why it matters.

It anchors the whole law of appeals — every appeal must be traced to an enabling section.

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