DELHI DEVELOPMENT AUTHORITY Vs. HANS CONSTRUCTION CO

JUDGEMENT

(1.) This first appeal has been filed by the decree holder/DDA challenging the impugned order dated 20.4.2012 by which the executing court has dismissed the execution petition on the ground that the decree obtained by the appellant/decree holder is a nullity inasmuch as Sh. Balwant Jain, proprietor of the defendant firm M/s. Hans Construction Co., had died on 5.11.2001 i.e before ex parte judgment and decree was passed on 9.1.2004 and hence the decree against a dead person is a nullity.

(2.) By the ex parte judgment and decree dated 9.1.2004, suit of the appellant/decree holder was decreed against the defendant/M/s. Hans Construction Co. for an amount of Rs.5,58,034/- alongwith interest and costs.

(3.) No doubt, it is an admitted fact that Sh. Balwant Jain, sole proprietor of M/s. Hans Construction Company died on 5.11.2001, but, equally it is an admitted fact that this aspect was not brought to the notice of the decree holder either by the counsel for the defendant or by the legal heirs of the defendant. In fact, the defendant was proceeded ex parte in the suit much later on 14.1.2003 i.e defendant died on 5.11.2001 and was proceeded ex parte later on 14.1.2003. The suit, as already stated above, was ultimately decreed on 9.1.2004.