Mathai M. K vs. Fr. Thomas Paul Ramban

Court:Supreme Court of India
Judge:Hon'ble Ashok Bhushan
Case Status:Disposed
Order Date:5 Jan 2021
CNR:SCIN010254092020

AI Summary

The Supreme Court dismissed a Special Leave Petition filed by Mathai M. K. and another, refusing to grant them leave to appeal. The Court's decision stemmed from the petitioners not being parties to the original suit or the writ petition, thereby highlighting the strict procedural requirement for locus standi in appellate proceedings and emphasizing who has the right to challenge lower court decisions.

Ratio Decidendi:
Leave to file a Special Leave Petition under Article 136 of the Constitution of India cannot be granted to persons who were not parties to the original suit or the writ petition from which the Special Leave Petition arises.

Case Identifiers

Primary Case No:25409/2020
Case Type:Special Leave Petition (Civil)
Case Sub-Type:SLP - Dismissed for Lack of Locus Standi
Secondary Case Numbers:SCIN010254092020
Order Date:2021-01-05
Filing Year:2020
Court:Supreme Court Of India
Bench:Division Bench
Judges:Hon'ble Ashok Bhushan, Hon'ble R. Subhash Reddy, Hon'ble M.R. Shah

Petitioner's Counsel

Mathews J. Nedumpara
Advocate - Appeared
Nikita Panhalkar
Advocate - Appeared
Maria Nedumpara
Advocate - Appeared

Respondent's Counsel

C.U. Singh
Senior Advocate - Appeared

Advocates on Record

Manju Jetley
E. M. S. Anam

eCourtsIndia AITM

Brief Facts Summary

A Special Leave Petition (Civil) with Diary No. 25409/2020 was filed by Mathai M. K. & Anr. against Fr. Thomas Paul Ramban & Ors., challenging an impugned final judgment and order dated 03-12-2019 passed by the High Court of Kerala at Ernakulam in WPC No. 25089/2019. The petitioners also filed several interlocutory applications including for condonation of delay and permission to file the petition. The matter was heard by a Bench of the Supreme Court comprising Justices Ashok Bhushan, R. Subhash Reddy, and M.R. Shah on 05-01-2021.

Timeline of Events

2019-12-03

High Court of Kerala passed impugned order in WPC No. 25089/2019.

2020-11-20

Special Leave Petition (Diary No. 25409/2020) filed by petitioners (as per JSON filing date).

2020-12-31

Interlocutory Applications (Condonation of Delay, Exemption from C/C, Exemption from Affidavit, Permission to File Petition) filed.

2021-01-05

Supreme Court heard the petition.

2021-01-05

Supreme Court dismissed the Special Leave Petition and rejected the application for leave to appeal.

Key Factual Findings

The petitioners were not parties in the suit as well as in the writ petition.

Source: Current Court Finding

Primary Legal Issues

1.Whether petitioners, not being parties to the original suit or writ petition, have the locus standi to file a Special Leave Petition.

Secondary Legal Issues

1.Whether leave to appeal under Article 136 of the Constitution of India should be granted to non-parties.

Questions of Law

Can a non-party to original proceedings be granted leave to file a Special Leave Petition before the Supreme Court?

Statutes Applied

Constitution of India
Article 136
Jurisdiction for Special Leave Petition, particularly regarding locus standi of non-parties to invoke this extraordinary power.

Petitioner's Arguments

The petitioners, by filing the Special Leave Petition and associated interlocutory applications (including for permission to file the petition), implicitly argued that they had a right or sufficient interest to be granted leave to appeal, despite not being original parties to the impugned High Court proceedings. They also sought condonation for any delays and exemptions for procedural requirements.

Respondent's Arguments

While not explicitly detailed in the order, the respondents' counsel would have opposed the grant of leave to appeal, primarily on the grounds that the petitioners lacked locus standi, not having been parties to the original suit or the writ petition. The presence of caveats suggests preparedness to defend against any such appeal.

Court's Reasoning

The Court's reasoning was directly based on the petitioners' status. It concluded that 'the petitioners not being party in the suit as well as in the writ petition,' they were ineligible to be granted leave to file the special leave petition. This indicates a strict adherence to the principle that only parties to the original proceedings typically possess the necessary locus standi to invoke the Supreme Court's appellate jurisdiction, especially under Article 136.

Judicial Philosophy Indicators:
  • Strict Adherence to Procedure
Order Nature:Procedural
Disposition Status:Disposed
Disposition Outcome:Dismissed

Impugned Orders

High Court Of Kerala At Ernakulam
Case: WPC No.25089/2019
Date: 2019-12-03

Specific Directions

  1. 1.Leave to file the special leave petition cannot be granted to the petitioners.
  2. 2.The application seeking leave to appeal is rejected.
  3. 3.Consequently, the special leave petition is also dismissed.

Precedential Assessment

Binding (SC)

This is a brief order from the Supreme Court, explicitly stating the reason for dismissal based on locus standi. While concise, it reiterates a fundamental principle regarding who can invoke appellate jurisdiction, making it binding on all lower courts for similar factual matrices.

Tips for Legal Practice

1.Advocates must diligently ascertain the client's locus standi, especially for appellate challenges, ensuring they were a party to the impugned proceedings.
2.Filing an application for 'permission to file petition' (leave to appeal) does not automatically confer locus standi if the applicant was not a party to the original case.
3.The Supreme Court strictly adheres to the principle that only an 'aggrieved party' from the original proceedings typically has the right to appeal.

Legal Tags

Supreme Court ruling on locus standi in Special Leave PetitionsProcedural requirements for leave to appeal under Article 136Dismissal of SLP for non-party petitioners in IndiaAppellate jurisdiction conditions for non-original litigantsImportance of party status in challenging court ordersIndian legal system appellate procedure guidelinesSupreme Court clarification on who can appeal a judgmentConsequences of not being named in original court proceedingsJudicial interpretation of 'person aggrieved' in appealsHigh Court of Kerala writ petition challenge denied

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

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Order Text

ITEM NO.33 Court 6 (Video Conferencing) SECTION XI-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL)....... Diary No(s).25409/2020

(Arising out of impugned final judgment and order dated 03-12-2019 in WPC No.25089/2019 passed by the High Court Of Kerala At Ernakulam)

MATHAI M. K. & ANR. Petitioner(s)

VERSUS

FR. THOMAS PAUL RAMBAN & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.137178/2020-CONDONATION OF DELAY IN FILING and IA No.137159/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.137161/2020-EXEMPTION FROM FILING AFFIDAVIT and IA No.137158/2020-PERMISSION TO FILE PETITION (SLP/TP/WP/..))

Date : 05-01-2021 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE R. SUBHASH REDDY HON'BLE MR. JUSTICE M.R. SHAH

For Petitioner(s)

Mr. Mathews J. Nedumpara, Adv. Ms. Nikita Panhalkar, Adv. Mr. Maria Nedumpara, Adv.

Ms. Manju Jetley, AOR

For Respondent(s)

Mr. C.U. Singh, Sr. Adv. Mr. E. M. S. Anam, AOR

UPON hearing the counsel the Court made the following O R D E R

The petitioners not being party in the suit as well as in the writ petition, we are of the view that leave to file the special leave petition cannot be granted to the petitioners. The application seeking leave to appeal is rejected. Consequently, the special leave petition is also dismissed. Signature Not Verified

(ARJUN BISHT) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER Reason:

Digitally signed by ARJUN BISHT Date: 2021.01.05 17:28:44 IST