Decided On: 17.07.2024 vs Jagdish Ram And Others
2024 Latest Caselaw 9727 HP

Himachal Pradesh High Court

Decided On: 17.07.2024 vs Jagdish Ram And Others on 17 July, 2024

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

                                                                                        2024:HHC:5390




         IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

                                                             RSA No. 101 of 2024
                                                             Decided on: 17.07.2024




                                                                               .

    Jawahar Lal                                                                       ....Appellant

                  Versus





    Jagdish Ram and others                                                      ...Respondents
    Coram
    The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.





    Whether approved for reporting?1
    For the appellant   :    Mr. Ajay Kumar, Senior Advocate with
                          r  Mr. Sunny Modgil, Advocate.

    For the respondents            :
                             Mr. Bhupinder Gupta, Senior
                             Advocate with Mr. Ajeet Pal Singh

                             Jaswal, Advocate for respondents No.
                             1 and 2.
    Ajay Mohan Goel, Judge (Oral)

When this case was taken up for consideration,

learned Senior Counsel appearing for the appellant firstly drew the

attention of the Court to the order that was passed by this Court

on 09.01.2024. He thereafter submitted that when inquiry was

made with regard to the legal representatives of the deceased-

respondents, it was revealed that all deceased passed away during

the pendency of the regular first appeal itself.

2. Hon'ble Supreme Court of India in Gurnam Singh

(Dead) Through Legal Representatives and Others Versus

1 Whether reporters of the local papers may be allowed to see the judgment?

Gurbachan Kaur (Dead) by Legal Representatives2, has been

pleased to hold that any judgment or order, which is passed either

.

in favour or against a dead person is a nullity.

3. Herein, as the judgment and decree was passed by

learned Appellate Court probably without being intimated about

the factum of death of some of the parties before it, said judgment

and decree passed by learned Appellate Court is not sustainable.

4. Accordingly, this appeal is allowed on this short count

alone and the judgment and decree passed by learned Appellate

Court is set aside and the matter is remanded back to the learned

Appellate Court to proceed in accordance with law. Endeavour be

made to dispose of the appeal as expeditiously as possible and

preferably within a period of six months from today.

5. Represented parties, through their respective Counsel,

are directed to appear before learned Appellate Court on

05.08.2024.

The appeal stands disposed of in above terms, so also,

pending miscellaneous application(s), if any.

(Ajay Mohan Goel) Judge July 17, 2024 (narender)

(2017) 13 Supreme Court Cases 414