AO/338/2010
2021 Latest Caselaw 3074 UK

                     Office Notes, reports,
SL.                 orders or proceedings or
          Date                                                   COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      13.08.2021
                                                AO No. 338 of 2010
                                                With
                                                Recall Application No. MCC/10769/2021
                                                Delay in Recall Application No. IA/10770/2021
                                                Review Application No. IA/10771/2021
                                                Delay Condonation Application in Review No. IA/10772/2021
                                                Leave to Appeal No. IA/10773/2021
                                                Hon'ble Sharad Kumar Sharma, J.

(Through Hybrid Mode) Mr. I.P. Kohli, learned counsel for the appellant.

Mr. Rajesh Joshi, learned counsel for the respondent No. 1 & 2.

Mr. B.D. Pande, learned counsel for the respondent No. 3.

This Appeal from Order, which was arising out of a M.A.C.P. No. 378 of 2006, Smt. Laxmi and another Vs. The New India Assurance Company Limited and others, it was finally adjudicated by the coordinate Bench of this Court, by the judgment dated 18.09.2019.

Today, the matter is listed on Delay Condonation Application, seeking condonation of delay of approximately 1 year 11 months, delay in filing the Recall Application, as well as, the Review Application, which are listed today for orders, to the Delay Condonation Application, seeking condonation of 614 days of delay.

The solitary ground, which has been argued by the review applicant, is that the review applicant happens to be the heirs of the deceased respondent No. 3, who had met with the sad demise on 21.09.2018 i.e. much prior to the rendering of the judgment dated 18.09.2019. It needs no reference that a judgment which was rendered against a dead person, is a nullity.

In view of the aforesaid, the application for delay, filed with the respective applications for recall and review, would stand allowed. The judgment dated 18.09.2019 is hereby recalled. The Appeal from Order, is restored to its original number to be decided on merits and further the present applicant to the recall application, would also ensure to file an appropriate substitution application to bring the heirs of deceased respondent, on record of the memo of the Appeal.

Subject to the above, the Recall Application and Review Application would stand allowed.

(Sharad Kumar Sharma, J.) 13.08.2021 Mahinder/