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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DINESH MEHTA
LRs of Mahendra Singh, S/o. Sh. Machi Singh – Appellant
Versus
Jogender Singh, S/o. Machhi Singh – Respondent
ORDER :
1. By way of present writ petition, the petitioners (legal representatives of the deceased Mahendra Singh) have challenged the order dated 14.09.2023 passed by the learned Board of Revenue, Ajmer (hereinafter referred to as ‘the Board’), whereby the appeal filed by their prepositus Mahendra Singh was rejected.
2. Mr. Sushil Bishnoi, learned counsel for the respondents at the outset raised an objection that Mahendra Singh, who was the sole appellant before the Board had passed away during the pendency of the appeal on 27.08.2020, whereafter, his legal representatives neither informed the Board about his demise nor had they taken up any proceedings for their substitution and thus, the appeal pending before the Board had abated on 26.11.2000 on expiry of 90 days from the death of the appellant of the appeal pending before the Board.
3. Mr. B.S. Sandhu, learned counsel for the petitioners at this juncture submitted that so far as present writ petition is concerned, the same has been filed by the legal representatives of Mahendra Singh and since they were not aware of pending proceedings before the Board, they could not move application for their substitution. It was nevertheless c
An order against a deceased person is a nullity, and legal representatives must substitute the deceased to pursue appeals.
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.
An appeal filed against a deceased sole defendant is a nullity; proper procedure requires withdrawal of the appeal with liberty to file a fresh one involving the legal heirs.
A decree passed in favor of or against a deceased person is a nullity, and the question of abatement must be decided by the same court where the party expired.
Point of law: Decree in Suit – Abatement of Appeal - In cases where an appellate Court has made an order dispensing with service of notice of appeal upon legal representatives of any person deceased ....
Orders passed against deceased parties are nullities and require legal representation for validity.
The abatement of an appeal due to non-substitution of a deceased co-appellant leads to the entire appeal being dismissed if it involves a joint decree that may result in conflicting decisions.
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