Onkar Singh and Another v. Mehar Singh and Others
Case brief
What is this about?
HP High Court Shimla; CMP(M) No. 2294 of 2025 in RSA No. 75 of 2025; decided 02.04.2026; Romesh Verma, Judge (oral); substitution of legal representatives of deceased respondent No.8 (defendant No.4(c)) who died 12.06.2023 during appellate pendency; judgment/decree passed after a party's death is a nullity (per Gurnam Singh v. Gurbachan Kaur, (2017) 13 SCC 41); First Appellate Court (Addl. District Judge, Nurpur, Kangra) judgment dated 16.01.2025 set aside; appeal remanded to decide abatement first, then afresh on merits; parties to appear 12.05.2026; application and appeal disposed of.
What did the court decide?
Impugned judgment and decree dated 16.01.2025 of the learned First Appellate Court set aside; appeal remitted back to the First Appellate Court with direction to decide the question of abatement first and thereafter decide the appeal afresh on merits; parties directed to appear before the First Appellate Court on 12.05.2026; application and appeal disposed of accordingly.