KUMARI TEJASVITA Vs. SURINDRA

JUDGEMENT

(1.) The appellants have preferred the present Regular Second Appeal against the judgment and decree dtd. 28/9/2019, passed by the Court of learned District Judge, Shimla, District Shimla, H.P. (hereinafter referred to as the 'First Appellate Court'), in Civil Appeal No.1-S/13 of 2019, titled as 'Smt. Surindra and others vs. Kumari Tejasvita and others.

(2.) During the pendency of appeal, an application under Order 22 Rule 4 CPC has been moved for bringing on record the LRs of deceased respondent No.2 Sh. Ajmer Singh, which has been registered as CMP(M) No. 937 of 2022 and decided by this Court vide order dtd. 18/5/2023.

(3.) Today, learned counsel appearing for the appellants has pointed out that although the LRs of respondent No.2 have been impleaded in the present appeal on account of his death, but, his death had occurred on 14/8/2018, when the lis was pending before the learned First Appellate Court, as such, according to learned counsel for the appellants, decree passed by the Court for or against a dead person is nullity.