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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SUSHIL KUKREJA
Bal Krishan (deceased) through LRs – Appellant
Versus
Bhagat Ram – Respondent
| Table of Content |
|---|
| 1. joy of law on substitution of legal heirs. (Para 1 , 2) |
| 2. law regarding abatement on death of a party. (Para 3 , 4 , 5 , 6) |
| 3. court's order to remand for substitution decision. (Para 7) |
| 4. final disposal of the appeal and pending applications. (Para 8) |
JUDGMENT :
Sushil Kukreja, J.
By way of instant appeal, the appellants, had laid challenge to the judgment and decree, dated 31.12.2022, passed by learned Additional District Judge Sundernagar, District Mandi, H.P., in Civil Appeal No. 95/2015, whereby the appeal filed by defendants, was dismissed and judgment and decree passed by the learned trial Court was affirmed.
2. The perusal of the record reveals that respondent No. 8 Geeta Devi has expired on 25.09.2017, whereas, the impugned judgment and decree was passed by the learned first Appellate Court on 31.12.2022. However, the appeal has been dismissed by the learned first Appellate Court without taking note of her death, vide judgment and decree impugned before this Court in the present appeal. The impugned judgment therefore, admittedly is against the dead person, i.e., respondent No. 8. There is no quarrel so as to the fact that respondent No. 8 has expired well be
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....
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.
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 ....
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....
Any decree passed in favor of or against a dead person is a nullity.
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.
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