Dismissed

Ram Prit Ram And Ors. v. Kaushal Kishore Ram And Ors.

Jharkhand HC2 Mar 2023SA/180/2016

Case brief

AI extract

What is this about?

The High Court in Ranchi held that a decree passed against a dead person without impleading legal representatives is a nullity. Consequently, an appeal preferred against such a nullity is not maintainable and is liable to be dismissed.

What did the court decide?

The second appeal was dismissed as not maintainable; all interlocutory applications were disposed of as infructuous.

Ram Prit Ram And Ors. Vs Kaushal Kishore Ram… — Succession and Inheritance | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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S.A. No. 180 of 2016

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------

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Jitesh Kumar, Advocate For the Respondents : Mr. Niraj Kishore, Advocate

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Order No.13 Dated- 02.03.2023

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I.A. No.9188 of 2018

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Learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to amend the cause title of this appeal. It is next submitted that this second appeal has been preferred against the judgment and decree passed by the Principal District Judge, Garhwa in Civil Appeal No.21 of 2009. It is further submitted that appellant no.14- Charitar Ram died on 05.08.2009 during the pendency of Civil Appeal No.21 of 2009 without the learned first appellate court being aware about his death. Hence, it is submitted that the judgment passed in Civil Appeal No.21 of 2009 is against a dead person being appellant no.14- Charitar Ram.

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It is a settled principle of law that a decree passed in favour of a party who was dead or against the party who was dead is a nullity as has been observed by the Hon’ble Supreme Court of India, in the case of Kishun alias Ram Kishun (Dead) Through LRS. Vs. Behari (Dead) By LRS. , reported in (2005) 6 SCC 300 , para-6 of which reads as under:-

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“6. As rightly pointed out by learned counsel for the appellants and fairly agreed to by learned Senior Counsel for the respondent, the decree passed by the High Court in favour of a party who was dead and against a party who was dead, is obviously a nullity. It is conceded that the legal representatives of neither of the parties were brought on record in the second appeal and the second appeal stood abated. On this short ground this appeal is liable to be allowed and the decision of the High Court set aside.

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Hence this Court is of the considered view that since the

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impugned judgment against which this appeal has been preferred is a nullity having been passed against a dead person, this second appeal is not maintainable having been preferred against the judgment which is nullity, hence this second appeal is dismissed being not maintainable.

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In view of the dismissal of this second appeal, all the interlocutory applications are disposed of being infructuous.

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Sonu-Gunjan/-

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(Anil Kumar Choudhary, J . )

Ram Prit Ram And Ors. v. Kaushal Kishore Ram And Ors.

Case brief

What is this about?

What did the court decide?

Ram Prit Ram And Ors. v. Kaushal Kishore Ram And Ors.

Case brief

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