Remanded

(O&M) Sahi Ram & Ors. v. Ram Singh and Others

Punjab & Haryana HC12 Mar 2018RSA/2011/1991

Case brief

AI extract

What is this about?

The High Court set aside the lower appellate court's order dismissing an appeal on grounds of abatement due to a party's death. The matter was remitted to the lower appellate court to decide on merits after affording the appellants an opportunity to substitute the deceased party with legal representatives. This judgment concerns procedural necessity rather than substantive merits. Parliament

What did the court decide?

The judgment and decree of the lower Appellate Court dated 22.07.1991 were set aside and the matter was remitted to the lower Appellate Court to decide the appeal on merits.

(O&M) Sahi Ram & Ors. Vs Ram Singh… — Civil Procedure and Limitation | Punjab & Haryana HC (2018)

RSA-2011-1991

380

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶5

RSA-2011-1991 Date of decision : 12.03.2018

Sahi Ram and others

... Appellant(s)

Versus

Ran Singh and others

... Respondent(s)

CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

¶12

Present: Mr. Ashok Verma, Advocate for the appellant. Mr. Sunil Kumar, Advocate for Mr. D.S. Bishnoi, Advocate for respondent No.1.

¶13

¶14

AMIT RAWAL, J. (ORAL)

¶15

The appellants-defendants are, in the present regular second appeal, against the judgment and decree dated 22.07.1988, whereby the suit filed by the respondents-plaintiffs for possession of the suit property, which was decreed by the trial Court and the appeal preferred against the same, has been dismissed by the lower Appellate Court on the ground that the appeal was filed against the dead person Dhonkal.

¶16

Learned counsel for the appellants-defendants submits that during the pendency of the appeal, it was not brought to the notice of the Court that Dhonkal had died. The appeal was filed as per the memo of parties in the suit. It was the duty of the respondent-plaintiff to bring on record the factum of the death of the deceased, much less, an opportunity Yogesh Sharma should have been given to bring on record Legal Representatives of 2018.03.20 11:53 I attest to the accuracy and integrity of this document

¶17

¶18

RSA-2011-1991

¶19

Dhonkal. Without such opportunity, the appeal has been ordered to be abated.

¶20

This fact is not controverted by the learned counsel representing the respondents.

¶21

Keeping in view the aforementioned facts and circumstances, judgment and decree of the lower Appellate Court resulting into dismissal of the appeal without adjudication on merits, is not sustainable in the eyes of law, for, an opportunity should have been given to the counsel for the appellant/defendant or the appellants/defendants to bring on record the Legal Representatives of Dhonkal as the factum of death was not brought to the notice or was in the knowledge and once brought to the notice, the Court below should not pass the judgment and decree, under challenge.

¶22

Accordingly, the judgment and decree dated 22.07.1991 of the lower Appellate Court is set aside and the matter is remitted to the lower Appellate Court to decide the appeal on merits, by giving the opportunity to the appellants-defendants to bring on record Legal Representatives of Dhonkal, within a period of six months from the date of the receipt of the certified copy of this order.

¶23

With the aforesaid observations, the appeal stands disposed of.

¶24

( AMIT RAWAL) 12.03.2018 JUDGE Yogesh Sharma  Whether speaking/reasoned Yes/ No  Whether Reportable Yes/ No

¶25

Yogesh Sharma 2018.03.20 11:53 I attest to the accuracy and integrity of this document

(O&M) Sahi Ram & Ors. v. Ram Singh and Others

Case brief

What is this about?

What did the court decide?

(O&M) Sahi Ram & Ors. v. Ram Singh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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