JUDGMENT

1. This second appeal under Section 100 of CPC has been filed against the judgment and decree dated 14.10.2014 passed by District Judge, Anuppur in Civil Appeal No.22-A/2013 arising out of judgment and decree dated 13.08.2023 passed by Civil Judge Class-2 in Civil Suit No.116A/2011.

2. I.A. No.421/2019 has been filed under Order 22 Rule 4 of CPC for substitution of legal representatives of respondent no.2 Bhudha Rathore.

3. According to this application, Buddha Rathore had expired on 06.09.2014. The death certificate is also annexed with as Annexure D/1. Thus, respondent no.2/Bhudha had expired during the pendency of the civil appeal before the First Appellate Court and on the said date the appeal was not reserved for judgment and even the final arguments took place after the death of respondent no.2/Bhudha.

4. Accordingly, the appeal is admitted on the following substantial questions of law:

"Whether the judgment and decree dated 14.10.2014 passed by Appellate Court is a nullity as respondent no.2 Bhudha had already expired and his legal representatives were not brought on record."

5. Heard finally.

6. From the order sheets of the First Appellate Court, it is clear that final ar