Allowed

Shyam v. Collector,Sundargarh

Orissa HC25 Oct 2016OJC/5088/1997

Case brief

AI extract

What is this about?

The Court held that a judgment involving a dead person is void when a substitution application was pending during the hearing but not decided. The impugned order of the appellate authority was set aside and the matter remanded for rehearing after adding the substituted party and addressing maintainability.

What did the court decide?

Impugned order set aside and matter remanded to appellate stage for rehearing after considering substitution and maintainability.

During course of argument, it has been brought to the notice of this Court that dur ing pendency of the appeal, on 16.10.1995 the appellant therein filed an application for subst itution of one Jena Oram in her place. The matter was posted to 11.4.1996 and thereafter to se veral other dates and the matter was ultimately decided finally by order dated 12.9.1996 pendi ng consideration of the substitution application filed by the appellant.

It is on the premises, Sri Mohanty, learned senior counsel for the petitioners, con tended that the judgment having been passed involving a dead person remains void and the matte r should be restored back for re-hearing of the issue involved therein after taking into consi deration the application for substitution.

This Court perused the entire order-sheet of the appellate authority and after goin g through the same, this Court nowhere finds any decision on the substitution application file d at the instance of the appellant in the appeal. It is on the other hand, the substitution ma tter was kept pending till disposal of the appeal.

admittedly the appeal was disposed of finally keeping pending the application for substitution at the instance of the appellant, and thus, the judgment passed involving a dead person becom es void but under the circumstance, while setting the impugned order at Annexure-7, this Court remits the matter back to the appellate stage for re-hearing of the matter after entering int o the question of substitution and considering the objection raised by the respondents therein

It is made clear that in the event anybody pursues the appeal and the appeal is reg ularized for the developments taken place in the meantime, the appeal will be heard on merit g iving opportunity of hearing to all the parties. It is open to the petitioners herein to raise all their contentions raised in this writ petition for consideration by the appellate authori ty including the question of maintainability of the appeal.

Shyam v. Collector,Sundargarh

Case brief

What is this about?

What did the court decide?

Shyam v. Collector,Sundargarh

Case brief

What is this about?

What did the court decide?

What the court decided

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