AI Overview...
- Decree Against Dead Person is Nullity - Main points and insights:
- Any judgment or decree passed in favor of or against a dead person is considered a nullity and unenforceable Darshan Singh vs Sadh Ram (since deceased) - Himachal Pradesh, P. RAMAKRISHNA PILIAI VS PALANIAMMAL - Madras, Mohd. Safdar Shareef VS Mohd. Ali - Andhra Pradesh, Raniya Bai VS Tekmani Rathore - Madhya Pradesh, Shyam Lal vs Nathan Singh - Madhya Pradesh.
- Courts are obliged to ensure proper substitution of legal representatives; failure to do so renders the decree null and void Darshan Singh vs Sadh Ram (since deceased) - Himachal Pradesh, Vikram Bhalchandra Ghongade VS State Of Maharashtra - Supreme Court.
- A decree passed against a deceased individual cannot be revived by merely setting aside the nullity; such decrees are inherently invalid and cannot be validated through subsequent proceedings Darshan Singh vs Sadh Ram (since deceased) - Himachal Pradesh, Mohd. Safdar Shareef VS Mohd. Ali - Andhra Pradesh.
- If a decree is found to be passed in favor of a dead person, it is automatically a nullity, and any attempt to execute or enforce it is invalid Darshan Singh vs Sadh Ram (since deceased) - Himachal Pradesh, Raniya Bai VS Tekmani Rathore - Madhya Pradesh, Shyam Lal vs Nathan Singh - Madhya Pradesh.
- When a decree is null, subsequent proceedings, including appeals or executions, stand vitiated, and the original decree does not hold legal validity Darshan Singh vs Sadh Ram (since deceased) - Himachal Pradesh, Nathu Ananda Ghorpade VS Yashoda Jagannath Ghorpade - Bombay, Vikram Bhalchandra Ghongade VS State Of Maharashtra - Supreme Court.
- Analysis and Conclusion:
- Courts must verify the legal standing of parties before passing decrees; decrees against deceased persons are inherently null and cannot be validated or revived Darshan Singh vs Sadh Ram (since deceased) - Himachal Pradesh, Vikram Bhalchandra Ghongade VS State Of Maharashtra - Supreme Court.
- The nullity of such decrees underscores the importance of proper substitution of legal representatives to ensure the legality of judgments Darshan Singh vs Sadh Ram (since deceased) - Himachal Pradesh.
- Any attempt to enforce or execute decrees passed in favor of deceased persons is invalid, and courts should treat such decrees as non-existent Darshan Singh vs Sadh Ram (since deceased) - Himachal Pradesh, Raniya Bai VS Tekmani Rathore - Madhya Pradesh.
- Overall, decrees against dead persons are void ab initio, and their validation or revival is not permissible under law; proper legal procedures must be followed to avoid nullity Darshan Singh vs Sadh Ram (since deceased) - Himachal Pradesh, Mohd. Safdar Shareef VS Mohd. Ali - Andhra Pradesh, Shyam Lal vs Nathan Singh - Madhya Pradesh.
Search Results for "Decree against Dead Person is Nullify Trial Court Decree Would Revive"
2025 Supreme(Online)(HP) 6533 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
The court emphasizes that a judgment rendered against a dead person is a nullity, reiterating that the obligation to inform the court ... The Court recalls the decree dated 12.01.2024, due to the failure to substitute legal representatives of the deceased. ... This judgment examines the legality of a decree passed in favor of a plaintiff against a deceased defendant under Section 114 read ... Admittedly, the judgment and decree pass....
2025 8 Supreme 509 • India - Supreme Court
PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR
of trial Court would be one that would govern rights of parties – Decree passed by trial Court would revive for being executed – ... passed by first appellate Court was a nullity having been passed in favour of dead persons – Executing Court committed error in ... decree passed by Trial Court#HL_END....
1982 0 Supreme(Bom) 222 • India - Bombay
PADHYE
duty of Courts to see that if a person is harmed by a mistake of the Court he should be restored to the position he would have occupied ... The court passed an order dismissing the application for making the decree final, holding that the execution of the decree shall ... Plaintiff filed an application praying that order be treated as a nullity and the application seeking final decree be decided or ... ... If the suit was barred by time and yet, the....
2011 0 Supreme(Bom) 1292 • India - Bombay
GIRISH GODBOLE
Judgment and Decree of the Trial Court will stand revived. Judgment and Decree of the Trial Court will stand revived. ... Judgment and Decree of the Trial Court will stand revived. ... Judgment and Decree of the Trial Court will stand revived. Issues: 1. ... It was held that the decree agai....
2002 0 Supreme(Mad) 27 • India - Madras
V.KANAGARAJ
Ratio Decidendi: The court held that a decree passed in favor of a dead person is a nullity and unenforceable. ... The trial court dismissed both suits, and the first appellate court reversed the judgment and decree. ... Finding of the Court: The court found that the decree passed in favor of the deceased respondent was a nullity and ... The learned counsel #....
1993 0 Supreme(AP) 108 • India - Andhra Pradesh
P.RAMAKRISHNAM RAJU, M.N.RAO
A decree passed against a dead person is a nullity. 3. ... The decree passed by the single judge was a nullity. ... The court cannot breathe life into a nullity by setting aside the decree and remanding the matter for impleading the legal representatives ... In view of this meaning, the appeal which has abated by operation of law, cannot be revived and the decree which has become anullity beinga #....
• India - Current Civil Cases
J.B.PARDIWALA
However, in case, there is a possibility that the Court may pass a decree contradictory to the decree in favour of the deceased party ... may pass a decree contradictory to decree in favour of deceased party, appeal would abate in toto for simple reason that appeal ... passed in proceedings vis-à-vis remaining parties would suffer vice of being a contradictory or inconsistent decree is relevant ... It is submitted that the judgement delivered by this....
2017 0 Supreme(Gau) 317 • India - Gauhati
SONGKHUPCHUNG SERTO
having jurisdiction over the matter though the judgment and decree were passed under the name of Chief Judicial Magistrate - Among ... claim, after considering the same came to the conclusion that the petitioner has no locus standi in respect of the land – Held, Court ... is of the considered opinion that to decide the issues in the case both questions of fact and law are involved, therefore, writ court ... Where a court lacks inherent jurisdiction in passing a decree or making an order, a dec....
2023 0 Supreme(MP) 652 • India - Madhya Pradesh
GURPAL SINGH AHLUWALIA
The court emphasized that any decree passed in favor of or against a dead person is a nullity. ... Finding of the Court: The court found that the decree passed by the First Appellate Court in favor of a dead person ... Issues: The main issue was whether the judgment and decree passed by the First Appellate Court was a nullity as respondent .....
2025 0 Supreme(MP) 297 • India - IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G. S. Ahluwalia
parties, and the decree was thus a nullity. ... of decree. ... ... ... Ratio Decidendi: The decree executed in favor of a deceased party is a nullity, thus necessitating remand for proper legal ... Since impugned judgment and decree was passed in favour of a dead person, therefore, this Court is of considered opinion that since the appeal had abated, therefore, judgment and decree is a nullity. ....
Filter by Legal Phrase
