NEEL MANI Vs. GITA RAM

JUDGEMENT

(1.) Applicants have preferred the Regular Second Appeal against the judgment and decree dtd. 27/7/2022, passed by the Court of learned Additional District Judge(I), Mandi, District Mandi, H.P. (hereinafter referred to as the 'learned First Appellate Court') in Civil Appeal No.55 of 2014 titled as 'Gita Ram and Anr. Vs. Neelmani and Ors.'.

(2.) During the pendency of appeal, applications, under Order 22 Rule 4, read with Rule 9 and 11 CPC, have been moved for bringing on record LRs of deceased respondent No.29-Rewati Devi and respondent No.35-Bhikham Ram. As per applications, respondent No.29-Rewati Devi and respondent No.35-Bhikham Ram have expired on 17/3/2022 and 5/3/2019, respectively.

(3.) Learned counsel, appearing for respondents No.1 and 2, has pointed out that death of the said respondents had taken place, when the lis was pending, before the learned First Appellate Court. As such, decree passed by the Court for or against a dead person is nullity.