Wattana Deceased through His Lrs Tirath Ram (Now Deceased) through Lrs Smt.Bholi Devi and Ors. v. Balwant Ram (Now Deceased) through Lrs Sh. Money Ram and Ors.
Case brief
What is this about?
Judgment passed against a dead person held a nullity: respondent No.1(iv) Kishori Lal died 21.11.2016, before the impugned Additional District Judge(II) Una judgment/decree of 15.10.2019; relying on Gurnam Singh v. Gurbachan Kaur (2017) 13 SCC 414, the Himachal Pradesh HC set the judgment aside and remitted the matter afresh to the first appellate Court, restoring Civil Appeal No. 57 of 2019 and Civil Appeal No. 18 of 1998, substitution applications to be decided jointly with abatement first; ancillary Order 22 Rules 4 & 9 and Section 151 CPC applications allowed (LRs of respondent No. 5(b) added, abatement set aside); RSA disposed of. Keywords: nullity, decree against dead person, abatement, substitution of LRs, remand, permanent injunction, mortgagee possession, Himachal Pradesh.
What did the court decide?
Impugned judgment and decree dated 15.10.2019 set aside and matter remitted to the Additional District Judge(II), Una, H.P. for adjudication afresh; Civil Appeal No. 57 of 2019 and cross objection/Civil Appeal No. 18 of 1998 restored to their original numbers; both substitution applications to be decided together with the question of abatement first and the main case thereafter on merits; parties directed to appear before the First Appellate Court on 04.06.2026 with no fresh notices; ancillary CMP(M) Nos. 726 and 727 of 2026 allowed and disposed of (delay condoned, LRs of deceased respondent No. 5(b) brought on record, abatement set aside, amended memo of parties within two days).