Remanded

Raj Paul and Others v. Dc Hamirpur

Himachal Pradesh HC3 Oct 2017RSA/239/2017

Case brief

AI extract

What is this about?

The High Court held that the judgment and decree under challenge being against a deceased person are a nullity. The appeals were disposed of by setting aside the impugned judgment and remanding the case to the first appellate court for necessary procedural compliance regarding legal representatives before deciding abatement.

What did the court decide?

The judgment and decree under challenge are set aside and the case is remanded to the learned first appellate Court to allow substitution of legal representatives and decide the question of abatement.

Raj Paul and Others Vs Dc Hamirpur — Civil Procedure and Limitation | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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RSA No.239 of 2017 with RSA No. 424 of 2017.

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Date of decision: 3^rd October, 2017.

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1. RSA No.239 of 2017.

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Raj Paul and others …..Plaintiffs/Appellants.

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Versus

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The District Collector cum Deputy Commissioner and others

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….Defendants/Respondents. 2. RSA No.424 of 2017. Raj Paul and others ….. Appellants/ Plaintiffs. Versus State of Himachal Pradesh and others ….Respondents/Defendants.

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Coram

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The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. Whether approved for reporting ?¹ No For the Appellant(s) : Mr.Shanti Swaroop, Advocate. For the Respondent(s) : Mr.J.S.Guleria, Asstt. A.G., for respondents No.1 to 3.

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Tarlok Singh Chauhan, Judge (Oral)

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It is not disputed before me that one of the appellants i.e. Rajinder Pal, who had been arrayed as appellant No.9, before the learned first appellate Court, had died on 03.01.2017 when the appeal was pending adjudication and eventually came to be decided only on 15.02.2017.

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It is further not in dispute that the appellants have failed to bring on record his legal representatives before that Court. Thus, the

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1 Whether reporters of Local Papers may be allowed to see the Judgment ?Yes

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appeals stood abated automatically. However, the question still remains whether the appeals have partly abated or have abated as a whole and the said question can only be considered and adjudicated by the Court where the death has taken place in view of the ratio laid down by this Court in Jagan Nath and others v. Ishwari Devi, 1988(2) Shim.L.C. 273 and Karam Chand and others v. Bakshi Ram and others, 2002(1) Shim.L.C. 9.

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In view of the well settled legal and factual position, this Court is left with no other option except to hold that the judgment and decree under challenge being against a dead person are a nullity and, therefore, not sustainable in the eyes of law.

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Consequently, the judgment and decree under challenge are hereby set aside and the case is remanded to the learned first appellate Court with a direction to allow the appellants to take steps for bringing on record the legal representatives of deceased Rajinder Pal and thereafter decide the question of substitution of legal representatives as also the question of abatement of the appeal, if any, after affording the parties due opportunity of being heard. The appeal thereafter be decided afresh in accordance with law.

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The parties through their counsel(s) are directed to appear before the learned first appellate Court on 23.10.2017 .

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The appeals are disposed of in the aforesaid terms, leaving the parties to bear their own costs. All pending applications also stand disposed of.

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( Tarlok Singh Chauhan )

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3^rd October, 2017. Judge. (krt)

Raj Paul and Others v. Dc Hamirpur

Case brief

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Raj Paul and Others v. Dc Hamirpur

Case brief

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