Nawal Kishore Choudhary & Ors vs Pradip Kumar Choudhary & Ors
2022 Latest Caselaw 2677 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          S.A. No. 94 of 2010
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Nawal Kishore Choudhary & Ors.

.... .... .... Appellants Versus Pradip Kumar Choudhary & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Baban Prasad, Advocate

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Order No.05 Dated- 14.07.2022 The learned counsel for the appellants submits that the judgment and decree passed by the first appellate court in Title Appeal No. 21 of 2003 dated 26.04.2010 by the District Judge, Lohardaga is a nullity as the same has been passed against Smt. Sabita Devi who is the respondent no.8 of this appeal though before passing the said judgment and decree by the past appellate court, the said respondent no.8 - Smt. Sabita Devi was dead and the legal representatives were not substituted and the decree has been obtained by suppressing the fact that the respondent no.8 - Smt. Sabita Devi died before passing of the said judgment dated 26.04.2010. It is next submitted that the learned counsel for the appellants that since the decree under challenge is a nullity, hence this second appeal is not maintainable.

Accordingly, this second appeal is dismissed being not maintainable.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)