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2018 DIGILAW 866 (HP)

Ram Dass v. State Of Himachal Pradesh

2018-05-10

DHARAM CHAND CHAUDHARY

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JUDGMENT Dharam Chand Chaudhary, J —Notice. Mr. Narinder Guleria, Additional Advocate General, appears and accepts service of notice on behalf of respondent No.1/State. In the interest of the order proposed to be passed in this appeal, notices need not to be issued to the remaining respondents. 2. Heard. 3. The judgment and decree dated 05.01.2018, passed by learned Additional District Judge-I, Solan, Distt. Solan (H.P.) , in Civil Suit No.92-S/13 of 2012, is under challenge before this Court in the present appeal. One of the grounds raised in the appeal, reads as follow:- "H) Moreover, the judgment and decree is nullity in the eyes of law as one of the defendant Sant Ram who is defendant No.24 died on 13.09.2013 during the pendency of the 1st appeal and no efforts have been made by the State of H.P. to bring on record the legal heirs of Sant Ram son of Kahniya Ram. The death certificate showing the date of death is annexed herewith. Similarly, one of the defendant Kalawati widow of Lachmi Ram who is arrayed as respondent No.3 in the 1st appeal has also died on 17-03-2018 and no steps were taken by the State of H.P. for bringing on record her legal heirs as such the appeal stand abated before ld. 1st Appellate Court and as such the judgment and decree is nullity in the eyes of law." 4. It is, thus, seen that the ground so raised in the appeal is supported by death certificates of deceased respondent No.3 Smt. Kalawati and deceased respondent No.7 Sh. Sant Ram. The deceased respondent No.3 Smt. Kalawat has expired on 18.03.2017, whereas deceased respondent No.7 Sh. Sant Ram on 13.09.2013, i.e. during the pendency of the appeal in the lower appellate Court. The appeal came to be decided by learned lower appellate Court without taking notice of their death and without substitution of their legal representative(s) because neither the appellant-State had taken consequential steps on their death nor learned counsel representing the deceased respondents brought the factum of their death to the notice of the Court for bringing on record their legal representatives. As is well settled at this stage, the judgment passed either against or in favour of a dead person is nullity. Support in this behalf can be drawn from a recent judgement of this Court rendered in RSA No.335 of 2016, decided on 11.04.2018, titled Sh. As is well settled at this stage, the judgment passed either against or in favour of a dead person is nullity. Support in this behalf can be drawn from a recent judgement of this Court rendered in RSA No.335 of 2016, decided on 11.04.2018, titled Sh. Swaroop Singh (since deceased) through his LRs. versus Manohar Lal & Ors. The relevant portion of this judgment, reads as under:- "2. True it is that learned Lower Appellate Court has dismissed the appeal and the judgment and decree so passed is in favour of the respondents including the deceased. However, in view of the judgment of this Court in RSA No.304 of 2017, titled Narain Dass versus Devi Ram & others, decided on 21st March, 2018, the judgment and decree passed either against or in favour of a dead person is nullity and the questions of abatement of the proceedings and substitution of LRs of deceased party have to be considered and decided by the Court where the lis was pending at the time of his/her death. A recent judgment of Hon''ble Apex Court in Gurnam Singh (dead) by legal representatives , (2017) 13 SCC 414 , has also been taken in consideration in the judgment cited supra." 5. Therefore, while relying upon the judgement of the Apex Court , it has been held in the judgment ibid that a judgment against or in favour of a dead person is nullity, hence, deserves to be quashed and set aside. Consequently, the impugned judgment passed against the dead persons, i.e. deceased respondents No.3 and 24, is nullity and not legally sustainable, hence, the same is accordingly quashed and set aside. 6. The case is remanded to learned lower appellate Court with a direction to decide the same afresh after deciding the question of abatement of proceedings and substitution of legal representative(s) of deceased respondents No.3 & 24 in accordance with law and on hearing the parties on both sides. 7. The parties, through learned counsel representing them, are directed to appear before the lower appellate Court on 1st June, 2018. The appeal is accordingly disposed of, so also the pending application(s) , if any. An authenticated copy of this judgment be sent to learned lower appellate Court, for compliance.