YASHWANT YADAV MHASE Vs. G M SHAHA

JUDGEMENT

(1.) Heard Ms. Godse, learned counsel for the petitioner. The respondents, i hough served, remained absent.

(2.) This petition under Article 227 of the Constitution of India impugns the order dated 29-01-2004 passed by the executing court below applications-Exhibits 22 and 1 in Spl. Darkhast No. 53 of 1996, by which the application filed by the heirs and legal representatives of the deceased-judgment debtor has been allowed and the judgment and decree dated 24-07-1996 passed by the trial court in Spl. Civil Suit No. 158 of 1995 has been declared nullity on the ground that it was passed against a dead person. The respondents are the legal representatives of the deceased- judgment debtor. The suit was filed by the petitioner-plaintiff for recovery of an amount of Rs. 48,474/- from the deceased-defendant.

(3.) The short question falls for my consideration is that after the judgment and decree is declared nullity on the ground that it was passed against a dead person whether or not it is open for the plaintiff to apply for setting aside the abatement, for condonation of delay and for bringing heirs and legal representatives of the deceased-defendant on record and seek hearing of the suit on merits afresh.