Srinivasa Devadiga v. Smt. Badri @ Sharada
CPC – Order XXII – Death of sole appellant/plaintiff during pendency of first appeal
Case brief
What is this about?
Karnataka High Court RSA: judgment against dead person is nullity; legal representatives not brought on record in first appeal; death of sole plaintiff pending appeal; Section 151 read with Order XXII Rule 9 CPC leave application; second appeal allowed and first appellate judgment set aside without touching merits; remand to First Appellate Court for fresh disposal including cross-objection/cross-appeal; O.S.No.139/2011, R.A.No.23/2014, Kundapura courts.
What did the court decide?
Regular Second Appeal allowed; judgment and decree dated 14.03.2023 in R.A.No.23/2014 set aside; matter remitted to the First Appellate Court for fresh consideration; appellants directed to file applications to bring the legal representatives of the deceased sole appellant on record; parties directed to appear before the First Appellate Court on 17th August, 2026 without further notice.