Smt. Balbir Kaur & Others vs Smt. Monaki Devi & Others
2023 Latest Caselaw 531 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     S.A. No.249 of 2017
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Smt. Balbir Kaur & Others .... .... .... Appellants Versus Smt. Monaki Devi & Others .... .... .... Respondents

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Om P. Singh, Advocate For the Respondents : Mr. Samir Kr. Lall, Advocate

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Order No.06 Dated- 01/02/2023 Heard the parties.

Learned counsel for the appellants submits that the respondent No.1 namely Smt. Monaki Devi died on 21.12.2016 during the pendency of Title Appeal No.33 of 2014. So, the impugned judgment and decree dated 01.04.2017 has been passed against a dead person. It is next submitted that the impugned judgment and decree is a nullity.

It is a settled principle of law that a decree passed in favour of or against a dead person is a nullity as has been held by the Hon'ble Supreme Court of India in the case of Kishun alias Ram Kishun (Dead) Through LRS. Vs. Behari (Dead) By LRS., reported in (2005) 6 SCC 300, para-6 of which reads as under:-

"6. As rightly pointed out by learned counsel for the appellants and fairly agreed to by learned Senior Counsel for the respondent, the decree passed by the High Court in favour of a party who was dead and against a party who was dead, is obviously a nullity. It is conceded that the legal representatives of neither of the parties were brought on record in the second appeal and the second appeal stood abated. On this short ground this appeal is liable to be allowed and the decision of the High Court set aside. (Emphasis supplied)

Since the impugned judgment and decree itself is admittedly a nullity, hence, this Court is of the considered view that this Second Appeal is not maintainable having been preferred against the impugned judgment which is itself admittedly a nullity.

Accordingly, this Second Appeal is dismissed, being not maintainable, having been preferred against the judgment which is a nullity.

In view of the disposal of the instant Second Appeal, interlocutory applications, if any, stand dismissed being infructuous.

Animesh/                                   (Anil Kumar Choudhary, J.)