Remanded

Girja Nand v. Chet Ram

Himachal Pradesh HC22 Nov 2017RSA/497/2016

Case brief

AI extract

What is this about?

This order addressed the abatement of an appeal due to the death of respondents during pendency. The court held judgments against deceased persons are nullities and remanded the case to determine substitution of legal representatives and the extent of abatement.

What did the court decide?

The judgment and decree were set aside, and the case was remanded to the learned first appellate court for further proceedings regarding legal representatives and abatement.

Girja Nand Vs Chet Ram — Succession and Inheritance | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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RSA No.497 of 2016.
Date of decision: 22.11.2017.

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Girja Nand (since deceased) through his LRs Uma Dutt Sharma and another	…..Appellants.
Versus
Chet Ram and others	…..Respondents.

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Coram

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The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. Whether approved for reporting ?¹ No

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For the Appellants	:	Mr.G.C.Gupta, Senior Advocate with Ms.Meera Devi, Advocate.
For the Respondents	:	Mr.G.D.Verma, Senior Advocate with Mr.B.C.Verma, Advocate, for
		respondents No.1 and 2.

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Tarlok Singh Chauhan, Judge (Oral)

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CMP(M) No.1181 of 2017.

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By medium of this application, the applicants/appellants have sought to bring on record the legal representatives of deceased respondent No.3 Smt. Daultu and respondent No.27 Smt. Sharda after setting aside abatement, if any.

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It is not in dispute that the judgment and decree was passed by the learned first appellate Court on 15^th September, 2016, whereas, respondent No.3 died on 13^th March, 2015 and respondent No.27 died on 2^nd September, 2015, when the matter was pending adjudication before the learned first appellate Court. It is further not in dispute that the

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

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respondents herein, who were appellants before the learned first appellate Court, have failed to bring on record the legal representatives of the aforesaid respondents before that Court. Thus, the appeal automatically stood abated before the learned first appellate Court. However, the question still remains whether the appeal has partly abated or has abated as a whole and the said question can only be considered and adjudicated by the Court where the death has taken place as authoritatively 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

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set aside and the case is remanded to the learned first appellate Court with a direction to allow the respondents herein to take steps for bringing on record the legal representatives of deceased Smt. Daultu and Smt. Sharda 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. If the Court comes to the conclusion that the appeal has not abated, then it shall proceed to decide the same afresh in accordance with law and in case it comes to the conclusion that the appeal has abated either partly or as a whole, it shall proceed to pass directions accordingly 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 18.12.2017.

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

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disposed of.

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( Tarlok Singh Chauhan ) 22^nd November, 2017. Judge. (krt)

Girja Nand v. Chet Ram

Case brief

What is this about?

What did the court decide?

Girja Nand v. Chet Ram

Case brief

What is this about?

What did the court decide?

What the court decided

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