Sri Chandra Nath Singh & Ors vs Sri Kashi Nath Singh & Ors
2023 Latest Caselaw 565 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       F.A. No. 45 of 2022
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Sri Chandra Nath Singh & Ors. .... .... .... Appellants Versus Sri Kashi Nath Singh & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellants : Mr. Rohitashya Roy @ Rohit Roy, Advocate : Mr. Vibhor Mayank, Advocate

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Order No.05 Dated- 02.02.2023 I.A. No.302 of 2023 It is submitted by the learned counsel for the appellants that the defendant no.3 -Somnath Singh died on 04.10.2019 during the pendency of Title (Partition) Suit No. 1600036 of 2009 and the impugned judgment and decree dated 28.04.2022 has been passed against a dead person being the defendant no.3 -Somnath Singh, hence the same 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 First Appeal is not maintainable having been preferred against the impugned judgment which is itself admittedly a nullity.

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

In view of the disposal of the instant First Appeal, this interlocutory applications stand dismissed being infructuous.

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