(1.) It is not in dispute that respondent No.2 - Mool Raj died on 27.4.2004 when the proceedings were, in fact, pending before the first appellate court. It is also not in dispute that his legal representatives were not brought on record before that court. Thus, the proceedings before the first appellate court had abated. Once that be so, obviously, the judgment and decree passed by the learned first appellate court even in favour of a dead person is nullity.
(2.) Noticeably, even the respondent No.1Rameshwar Dutt died on 25.6.2016 and an application bearing CMP(M) No. 1449 of 2017 for bringing on record his legal representatives was filed and the same was allowed after condoning the delay and setting aside abatement.
(3.) Now, the further question as to whether the appeal has abated as a whole or has partly abated against deceased Mool Raj is a question to be adjudicated upon by that court where the abatement has taken place.