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V. G. BISHT
Narhari S/o Shrawan Moon – Appellant
Versus
Silas S/o Kannobaji Punwatkar – Respondent
JUDGMENT :
V.G. BISHT, J.
1. Heard. Admit. Heard finally with the consent of learned counsel for the parties.
2. This appeal is filed by the legal representatives of original plaintiff against the Judgment and order dated 23.11.2018 passed by the learned Ad-hoc District Judge-1, Kelapur, whereby the learned District Judge was pleased to dismiss Regular Civil Appeal No. 8/2013.
3. For the sake of convenience, the parties to the proceedings are described as they were described in the proceedings before the learned Ad-hoc District Judge-1, Kelapur. Some of the relevant facts, in brief for deciding this second appeal.
4. The deceased-plaintiff i.e. father of the appellant Nos.1 and 2 herein had filed Regular Civil Suit No. 84/2007 for declaration that defendant No. 1/respondent No. 1-Silas Punwatkar and respondent No. 2-Nalini Tenpe are not born from the womb of deceased-Jaiwantabai W/o Kanhobaji Punwatkar and are not son and daughter of said Jaiwantabai Punwatkar. The deceased-plaintiff had also challenged the order dated 13/08/2007 passed by Sub-Divisional Officer, Wani in Appeal No. RTS-64/4/2006-2007 Mouza Nipani Pimpri, Tq. Wani, Dist. Yavatmal. The deceased-plaintiff had also joined h
Order 22 Rule 3(2) of the Code applies in the case of death of the appellant - plaintiff and provides the consequences for not filing the application for substitution of legal representatives by the ....
Any decree passed in favor of or against a dead person is a nullity.
A judgment against a deceased individual is a nullity, and issues of substitution of legal heirs must be addressed by the court where the case was pending at the time of death.
Substitution and abatement – Where a party dies in a pending suit/appeal and judgment/decree is passed in ignorance to such death, question of substitution of his/her legal heirs and setting aside ab....
A decree passed in favor of a deceased individual is a nullity unless legal representatives are substituted timely, reflecting the necessity of following procedural requirements under the Code.
The central legal point established in the judgment is the necessity of substitution of legal representatives of deceased parties in civil proceedings and the consequences of non-substitution.
The central legal point established in the judgment is the principle that if the entire appeal abates, then the judgment delivered in such an appeal is a nullity.
The non-substitution of legal representatives does not lead to abatement if an application for substitution is timely granted.
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