First appeal against rejection of a declaration, possession and injunction suit. The defendant died before the trial court decided the suit; the order was thus passed against a dead person. The High Court set aside the order and remanded the suit for substitution of legal heirs and fresh consideration.
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SH. BRIJPAL MANOCHA .....Appellant Through: Mr. Sudhir Gupta and Ms. Sonali Arora, Advocates
versus
BALA DEVI & ORS. .....Respondents Through: Mr. MSI Israily and Mr. Raghib Ali Khan, Advocates
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 17.02.2026
Submissions heard and record perused.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/02/2026 at 12:06:23
impugned Order is set aside and the case is remanded back to formally bring the Respondents on record as LRs of Defendant and to consider the Suit including the Application under Order VII Rule 11 CPC after giving an opportunity to the Respondents.
NEENA BANSAL KRISHNA, J
FEBRUARY 17, 2026 N
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/02/2026 at 12:06:23
1 issue framed by the court
Whether a judgment/order passed after the defendant's death, without substituting legal heirs, is a nullity liable to be set aside and the suit remanded.
2 provisions across 1 enactments
Brijpal Manocha
Bala Devi
Neena Bansal Krishna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
