Definition
A statutory phrase used in numerous Indian procedural and substantive statutes to denote a person who has suffered a direct legal grievance and is therefore entitled to challenge an act, order, or decision.
While 'aggrieved person' and 'person aggrieved' are functionally identical — both denote someone with a direct legal grievance — Indian statutes use both phrases in different contexts. 'Person aggrieved' is used in the CPC (Order XLVII Rule 1 — review), Criminal Procedure (appeals from conviction), the Trade Marks Act, the Patents Act, and competition law to define who may approach tribunals or courts for relief. The phrase is contextual — its meaning differs across statutes. In appeals, 'person aggrieved' means the party against whom an adverse order was passed; in trademark law, it means any person whose trade interests are damaged.
Statutory Definition
Order XLVII Rule 1, Code of Civil Procedure, 1908: 'Any person considering himself aggrieved by a decree or order from which an appeal is allowed but from which no appeal has been preferred, by a decree or order from which no appeal is allowed, or by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order.'
Etymology & Origin
Same as 'aggrieved person' — from Old French 'agrever' (to oppress). 'Person aggrieved' is the classical English legal formulation; 'aggrieved person' is the modern Indian statutory usage. The meaning is identical.
Full Legal Analysis
Person Aggrieved: A Context-Sensitive Statutory Phrase
The phrase 'person aggrieved' appears extensively in Indian law — in procedural codes, intellectual property statutes, consumer protection law, competition law, and constitutional provisions. Its meaning is not fixed: it must be understood in the context of each statute. Courts have held that in one statute 'person aggrieved' may be narrow (only the immediate party to a contract); in another it may be broad (any person whose trade interests are affected).
Contextual Interpretation
The Supreme Court in Jasbhai Motibhai Desai v. Roshan Kumar AIR 1976 SC 578 held that the expression 'person aggrieved' varies with the context and provisions of the statute. What constitutes being 'aggrieved' depends upon: (a) the right being affected; (b) the nature of the statute; and (c) the purpose of the provision. A person who has suffered legal injury in the specific manner contemplated by the statute has locus to invoke the provision as a 'person aggrieved.'
Trade Marks Act
Under the Trade Marks Act, 1999, 'person aggrieved' (for cancellation proceedings) has been interpreted broadly to include any trader who is commercially affected by the registration of a mark similar to their own — they need not be directly in competition with the mark's owner. This broad interpretation reflects the competitive harm that confusing marks cause in the marketplace.
Competition Law
Under the Competition Act, 2002, any person or enterprise that is adversely affected by anti-competitive practices may file an information with the Competition Commission of India — the 'person aggrieved' threshold is low, reflecting the legislature's intention to encourage complaints and enforcement.
“The phrase 'person aggrieved' is a legal invitation — it says: if you have suffered in the way this statute recognises as a grievance, come to court. But you must first establish that the statute covers your specific type of injury.”
This Term in Indian Statutes
Code of Civil Procedure, 1908, 1908
"Any person considering himself aggrieved by a decree or order from which an appeal is allowed but from which no appeal has been preferred, or by a decree or order from which no appeal is allowed, may apply for a review of judgment to the Court which passed the decree or made the order."
Person aggrieved by decree may apply for review — basis for review jurisdiction
