JUDGMENT : Ajay Mohan Goel, J. When this case was taken up for consideration, learned counsel for the appellants submitted that the judgment and decree which stand assailed by way of present appeal are nullity, because one of the appellant before the learned Appellate Court namely Rumal Singh had died during the pendency of the appeal and yet the appeal stood decided against a dead person by the learned First Appellate Court. 2. Learned Additional Advocate General has argued that because Rumal Singh was one of the appellant before the learned Appellate Court, therefore, but natural, onus was upon legal representatives of deceased appellant therein to have had taken appropriate steps in this regard and for the acts and omission of legal representatives of deceased Rumal Singh, the State cannot to penalized. 3. I have heard learned counsel for the appellants as also learned Additional Advocate General. A perusal of the record demonstrates that the suit was filed by one Shri Amar Singh and Shri Rumal Singh, against the State for declaration that they were owners in possession of the suit land and entries in favour of the government were bad in law and also for consequential relief of injunction. The suit was dismissed by the learned Court below. 4. Feeling aggrieved, both the plaintiffs i.e. Amar Singh and Rumal Singh preferred an appeal before the first Appellate Court. Shri Rumal Singh died on 09.08.2008, i.e. during the pendency of the first appeal, which was decided by the learned First Appellate Court on 28.08.2008. Thus, it is evident that the judgment and decree which stood passed by the learned First Appellate Court was against a dead person. Hon'ble Supreme Court in Gurnam Singh (dead) through Legal Representatives and Others Versus Gurbachan Kaur (Dead) by Legal Representatives, (2017) 13 SCC 414 , held that a judgment/ order which was passed either in favour of or against a dead person is a nullity. 5. It is correct that in the present case, onus was upon legal representatives of deceased Rumal Singh or other appellant before the learned First Appellate Court to have had taken appropriate steps to substitute deceased with his legal representatives. However, the fact of the matter still remains that despite the same not having been done, judgment stood passed by the learned First Appellate Court against a dead person. However, the fact of the matter still remains that despite the same not having been done, judgment stood passed by the learned First Appellate Court against a dead person. Accordingly, this Court has no option, but to declare the judgment and decree so passed by the learned First Appellate Court to be a nullity, in view of law laid down by Hon'ble Supreme Court in Gurnam Singh's case, supra. This appeal is accordingly, allowed by setting aside the judgment and decree passed by the First Appellate Court and the matter is remanded back to the learned First Appellate Court to proceed with the same in accordance with law. Pending miscellaneous applications if any, also stand disposed of. Interim order, if any, also stands vacated.