Budhdeo Oraon & Anr vs Karmi Orain & Ors
2023 Latest Caselaw 703 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   S.A. No. 305 of 2015
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Budhdeo Oraon & Anr. .... .... .... Appellants Versus Karmi Orain & Ors. .... .... .... Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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     For the Appellants        : Mr. Arun Kumar, Advocate
     For the Respondents       : None
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     Order No.08 Dated- 09.02.2023

It is submitted by the learned counsel for the appellants that the impugned judgment and decree has been passed against a dead person being the appellant no.3 -Punai Oraon who died on 10.07.2013 and the impugned judgment has been passed on 25.04.2015.

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, as submitted by the learned counsel for the appellants that the impugned judgment and decree is a nullity having been passed in favour of a dead person being the appellant no.3 -Punai Oraon of Title Appeal No. 32 of 2006, this Court is of the considered view that this Second Appeal is liable to be dismissed being not maintainable having been preferred against the impugned judgment which itself is admittedly a nullity.

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

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