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GURPAL SINGH AHLUWALIA
Raniya Bai – Appellant
Versus
Tekmani Rathore – Respondent
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
Any decree passed in favor of or against a dead person is a nullity.
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.
A decree passed against a deceased party is null and void; proper procedure under Order 22 CPC must be followed to avoid automatic abatement.
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 main legal point established in the judgment is the court's power to treat an application under Order 22 Rule 4 of CPC as an application under Order 1 Rule 10 of CPC, allowing for the substitutio....
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....
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 ....
An appeal filed against a deceased sole defendant is a nullity; proper procedure requires withdrawal of the appeal with liberty to file a fresh one involving the legal heirs.
The main legal point established in the judgment is that unless there is a decree, there cannot be any second appeal.
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