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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Nabi Mian – Appellant
Versus
Yakub Mian – Respondent
| Table of Content |
|---|
| 1. suit for title declaration, possession recovery, injunction. (Para 1 , 2 , 3) |
| 2. first appeal abated due to deaths without lrs substitution. (Para 4 , 5 , 6 , 7 , 8) |
| 3. appellate decree nullity against dead contesting parties. (Para 9 , 10 , 11) |
| 4. liberty to reopen decree; second appeal disposed. (Para 12 , 13 , 14) |
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This appeal has been filed against the judgement and decree dated 04.09.2017 (decree signed on 11.09.2017) passed by learned District Judge V, Dhanbad in Title Appeal No.118 of 2007 reversing the judgement and decree dated 27.06.2007 (decree signed on 09.07.2007) passed by learned Sub-Judge V, Dhanbad in Title Suit No.118 of 1998.
2. The learned counsel for the appellants has submitted that the suit was filed for a declaration of title and recovery of possession with respect to Schedule property, but the suit was dismissed.
3. The plaintiffs had filed the suit for the following reliefs: “(a) For a decree for declaration of title of the plaintiff in respect of the land described in the schedule below and conformation of possession.
a (1) For decree for recovery of possession in favour of the plaintiff by evicting the de
Appellate decree passed in favour of or against deceased party without legal representatives substitution is nullity; appeal abates wholly on death of contesting party in possessory suit.
The death of a plaintiff does not cause the suit to abate if the right to sue survives. The suit can proceed at the instance of the surviving plaintiffs. The provisions of Order 22 also apply to appe....
Non-substitution of a deceased party's legal representative in an appeal renders the judgment null and void, underscoring the necessity of proper representation in civil proceedings.
Suit for declaration of title and for recovery of possession cannot be decreed where Plaintiff has not made out any case for declaration of his/her title over disputed property.
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.
The main legal point established in the judgment is the principle of abatement under Order 22 Rule 4 of the Civil Procedure Code, leading to inconsistent and inexecutable decrees when legal heirs of ....
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 ....
Suit does not abate upon death of one plaintiff if the right to sue survives; legal representatives need not be substituted if the cause of action continues.
The Court emphasized the importance of considering the right to sue against the remaining respondents and holding an enquiry to determine the consequences of not bringing the legal representatives of....
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