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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G. S. Ahluwalia
Shyam Lal – Appellant
Versus
Nathan Singh – Respondent
| Table of Content |
|---|
| 1. grounds for appeal and application for substitution. (Para 1 , 2 , 3) |
| 2. implications of nathan singh's death during proceedings. (Para 4 , 5 , 6 , 7 , 9) |
| 3. nullity of a decree passed in favor of a deceased. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. remand for fresh adjudication required. (Para 16 , 18 , 19 , 20) |
| 5. final decision disposition of the appeal. (Para 21 , 22) |
JUDGMENT :
G. S. Ahluwalia, J.
This second appeal under Section 100 of CPC has been filed against judgment and decree dated 03.03.2007 passed by First Additional District Judge, Ashoknagar in Civil Appeal No.10A/2006, by which judgment and decree dated 01.03.2006 passed by Civil Judge, Class-I, Ashoknagar in Civil Suit No. 16A/2004 has been reversed.
2. I.A. No. 314/2017 has been filed under Order 22 Rule 4 CPC for substitution of legal representatives of respondent No. 1 - Nathan Singh.
3. I.A. No. 316/2017 has been filed for deleting the names of respondents Nos. 4 and 6.
I.A. No. 316/2017
4. At the risk and cost of appellant, names of respondents Nos. 4 and 6 are permitted to be deleted from the array of cause-title.
I.A. No. 314/2017
5. In this application, date of death of Nathan Singh is not mentioned.
6
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.
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.
A decree passed against a deceased party is null and void; proper procedure under Order 22 CPC must be followed to avoid automatic abatement.
A decree passed in favor of or against a deceased person is a nullity, and the question of abatement must be decided by the same court where the party expired.
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 ....
The non-substitution of legal representatives does not lead to abatement if an application for substitution is timely granted.
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....
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....
The abatement of an appeal due to non-substitution of a deceased co-appellant leads to the entire appeal being dismissed if it involves a joint decree that may result in conflicting decisions.
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