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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
Krishan Kumar (deceased) – Appellant
Versus
Phuyian (deceased) – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
This Review Petition has been preferred against the judgment dated 20.6.2017 passed in RSA No. 419 of 2002 by learned Single Judge ofthis High Court, but as the said Bench is not available now, therefore, this matter has been listed before this Court.
2. During pendency of Review Petition, it came in the notice that respondent No. 1(b) Munu Ram who was appellant in RSA No. 419 of 2002 had expired on 14.9.2015, i.e. during pendency of RSA No. 419 of 2002, therefore, an application CMP No. 5680 of 2019 has been preferred by petitioner No. 1(a) who was respondent No. 1(a) in RSA No. 419 of 2002 for determining the question of abatement of RSA No. 419 of 2002.
3. Petitioners have filed CMP(M) No. 233 of 2019 for substitution of respondent No. 1(b) Munu Ram through his legal heirs.
4. It is also matter of record that appeal (RSA) was preferred by Phuyian during her life time in the year 2002 and she died on 6.7.2010 whereafter her legal heirs who were performa respondents in the appeal (RSA) were transposed as appellants No. 1(a) to 1(k), respectively vide order dated 10.6.2013 passed in CMP (M) No. 948 of 2013. Manu Ram was transposed as appellant No. 1(b).
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.
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.
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 ....
A decree passed against a deceased party is null and void; proper procedure under Order 22 CPC must be followed to avoid automatic abatement.
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 importance of adjudicating on the substitution of deceased defendants' legal representatives, exemption to the plaintiff, and abatement, and....
The appellate court lacks jurisdiction to address merits if it has determined the appeal abated due to a party's death; the proper procedure requires remanding the matter for addressing substitution.
The main legal point established in the judgment is that a decree passed by the court against a dead person is a nullity and can be questioned in any proceeding.
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