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IN THE HIGH COURT OF JHARKHAND, RANCHI
SANJAY KUMAR DWIVEDI
Mandhan Kapri, S/o Late Bolo Kapri – Appellant
Versus
Ganesh Kapri, S/o Late Amin Kapri – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel appearing for the petitioners and learned counsel appearing for the opposite parties.
2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 28.03.2023 passed by learned Principal District Judge, Godda in Civil Misc. Appeal No.01 of 2018 whereby the said appeal was allowed and the ex-parte judgment and decree passed by the learned Court in Title Suit No.23 of 2010 has been recalled and direction has been issued to implead the opposite parties as party in Title (P) Suit No.23 of 2010 and after giving proper opportunity to both the sides pass judgment in accordance with law.
3. Mr. Pankaj Kr. Choudhary, learned counsel appearing for the petitioners submits that Title Partition Suit No.23 of 2010 was instituted for partition of the land in question and defendant No.1 was Amin Kapri. He submits that he has appeared before the learned Court and filed the documents and all of a sudden, he has amended the suit and thereafter the suit was decided by the judgment dated 07.07.2015. He submits that thereafter a petition under Order 9 Rule 13 was filed by the legal heirs/successors of
A decree against a deceased party is void; however, the legal heirs have the discretion to treat it as valid or challenge it, as reaffirmed by the court.
In partition suits, the principle of transposition allows for the substitution of legal heirs even if some parties have died, provided the title is not in dispute, and a decree passed against decease....
Orders passed against deceased parties are nullities and require legal representation for validity.
A decree obtained against a dead person is a nullity, and the legal representatives have the remedy to implead themselves and, if the suit had abated, to get the abatement set aside and then obtain a....
A preliminary decree in a partition suit prevents abatement, and counsel's failure to report deaths does not impede the legal process for bringing in representatives, as established by Order XXII Rul....
A decree passed against a deceased party is void without the legal heirs being impleaded, preventing execution against them until their interests are represented.
A party must produce original documents such as a 'Will' to substantiate their claim for legal representation in a proceeding; failure leads to dismissal of the application.
Non-executability of decree – If decree is not nullity, executing court is required to execute such decree unless it has been set aside by a competent court in an appropriate proceeding.
Merely because the evidence of respondent/defendant and Prabhakar Rao (PW-2) was not repeated all over again, it cannot be held that the appellant/ plaintiff could be non-suited on this ground.
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