(1) SPECIAL leave granted.

(2) WE have heard the learned counsel for the parties.

(3) THIS appeal arises out of a suit for eviction filed by the respondents against three persons namely (7 Ashok Transport Agency (2 A.C. Basu, Proprietor of Ashok Transport Agency and (3 Birnath Singh, Manager of Ashok Transport Agency. The said suit was filed on 28/9/1992. Prior to the filing of the suit, A.C. Basu, Proprietor of Ashok Transport Agency had died on 6/8/1992. In the said suit, nobody appeared on behalf of the defendants and an ex parte decree was passed on 28/9/1993. The respondents thereafter moved for execution of the said decree. Before the executing court, it was submitted on behalf of the appellant that the decree was a nullity and it could not be executed for the reason that the Proprietor of Ashok Transport Agency had already died on the date of the institution of the suit and that the decree was passed against a dead person. The Munsif Sadar, Sitamarhi, by order dated 13/7/1994 upheld the said objection raised by the appellants and dismissed the execution petition on the view that the decree having been passed against a dead person was a nullity and it co