YASHWANT RAI Vs. ROSHAN LAL

JUDGEMENT

(1.) Smt. Piaro Devi, who was appellant No.2 in the first Appellate Court had admittedly died on 19.11.2015, when the appeal was pending before the learned first Appellate Court and, as such, the judgment and decree under challenge, has been passed in favour of a dead person and as per settled law is, therefore, a nullity.

(2.) Accordingly the same is set-aside and the matter is remanded to the learned first Appellate Court to decide not only the question of abatement but to decide the same afresh, as the earlier judgment and decree passed by it admittedly is a nullity.

(3.) Parties through their counsel are directed to appear before the learned first Appellate Court on 01.08.2017. Since the civil suit was filed as far back in the year 2011, it is expected that the learned first Appellate Court shall decide the same as expeditiously as possible and in no event later than 31.12.2017.