PAWAN KUMAR Vs. GUHAN

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered by this Court in the defendants' second appeal is as under:-

(2.) In order to answer the above-stated substantial question of law, the following facts essential to be noticed are as under:-

(3.) Mr.Malay Shrivastava, learned counsel for the appellants, would submit that since defendant No.1-Jhumuk Ram died during pendency of the suit and his legal representatives were not brought on record, and no exemption was obtained under Order 22 Rule 4 sub-rule (4) of the CPC, decree passed by the First Appellate Court would be nullity. He would rely upon judgment of the Supreme Court in the matter of T. Gnanavel v. T.S. Kanagaraj, (2009) 14 SCC 294 and judgment of the Kerala High Court in the matter of Uma Andarjanam v. Neelakandan Namboodiri, (2001) AIR Kerala 314.