Unsustainability of judgment due to the death of all respondents without their heirs being brought on record.

ORDER :

1. This appeal, by special leave, arises from a suit for declaration of title and recovery of possession. The appeal is filed by the heirs and legal representatives of one of the defendants.

2. The plaintiffs-respondents filed the suit against four defendants, namely: (i) Pillilla Gangulamma (ii) Pillilla Narasimhulu (iii) Pillilla Anjaneyulu (iv) Pillilla Sreeramulu. The suit was dismissed by the trial court and the plaintiffs' appeal too was dismissed by the first appellate court. Against the judgments passed by the trial court and the first appellate court, the plaintiffs-respondents came to the High Court in Second Appeal No. 344 of 1992 impleading defendant Nos. 2 to 4 as respondent Nos. 1 to 3 respectively. It may be stated here that the mother of the three defendants, namely, Pillilla Gangulamma who was defendant No. 1 before the trial court, had died in the meanwhile and her name was struck off from the record of proceedings.

3. During the pendency of the second appeal Pillilla Narasimhulu died on 08.04.1996, Pillilla Anjaneyulu died on 26.11.1992 and Pillilla Sreeramulu died on 24.03.1994. A petition for substitution vice the deceased respondent No. 2 Pillilla Anjaneyulu alone was filed before the High Court with the prayer to bring on record his heirs and legal representatives. No substitution petition was filed vice the other two deceased respondents, Pillilla Narasimhulu and Pillilla Sreeramulu. It appears that even the substitution petition filed in respect of Pillilla Anjaneyulu remained unattended and the High Court by judgment and order dated June 17, 2003, allowed the second appeal, set aside the judgments passed by trial courts below and decreed the suit of the plaintiffs-respondents.

4. From what is stated above, it is evident that the second appeal was heard and decided when all the respondents in the appeal before the High Court were dead and the heirs of none of them were brought on record. For this reason alone the judgment coming under appeal is unsustainable and it is set aside and the matter is remanded to the High Court. Needless to say that before proceeding with the second appeal on merits, the High Court will consider the substitution petition filed in respect of Pillilla Anjaneyulu and pass appropriate orders on it.

5. The appeal is allowed accordingly. No costs.