SA/156/2013
2023 Latest Caselaw 2600 UK

                Office Notes,
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                                  SA No. 156 of 2013
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. I.P. Kohli, counsel for the appellant.

2. Mr. Arvind Kumar Sharma, Advocate for the respondents.

3. Learned counsel for the appellant/defendant would submit that he has moved an application for setting- aside the abatement for substituting the legal heirs of respondent no. 13-Vijendra Lal. He would submit that the first appellate court's judgment is also bad in the eyes of law on this count also that the respondent no. 13 had died on 01.03.2007 during the pendency of the suit in the Trial Court.

4. He would further submit that the respondent nos. 1, 2 and 3/plaintiffs had not substituted the legal heirs of respondent no. 13/defendant no. 10 in trial court. Therefore, judgment/decree against the dead person is a nullity.

5. Learned counsel for the respondent no. 1, 2 and 3/plaintiffs prays for time that because of non- substitution of the legal heirs of respondent no.13/defendant no. 10 in the Trial Court and making the dead person respondent in the first appeal, did not render the judgment of the Trial Court void-ab-initio and place it before the Court.

6. List this matter on 28.11.2023.

(Vivek Bharti Sharma, J.) 01.09.2023 Ujjwal