GURDEVI Vs. NAZAR ALI AND ORS.

JUDGEMENT

(1.) CHALLENGE herein is to the judgment and decree dated 5.3.2014 passed by learned Additional District Judge, Sirmaur at Nahan, in Civil Appeal No. 51 -N/13 of 2013/12, whereby the judgment and decree passed by learned Civil Judge (Senior Division), Court No. 1 Paonta Sahib, District Sirmaur in Civil Suit No. 45/1 of 2005, has been affirmed and the appeal dismissed.

(2.) RESPONDENT Neem Chand has passed away on 22.1.2013, i.e., during the pendency of the appeal in the lower appellate Court. The appeal, however, has been dismissed by learned lower appellate Court without taking note of his death vide judgment and decree impugned before this Court in the present appeal. The impugned judgment, therefore, admittedly is against dead person, i.e., respondent Neem Chand.

(3.) LEARNED counsel representing the parties on both sides have very fairly conceded to the legal position that judgment and decree passed against or in favour of a dead person being nullity is not legally sustainable.