JOHOOR AHMED Vs. LALOO

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Nobody appeared on behalf of the non- petitioner despite service.

(3.) It appears from the facts of the case that in the plaintiffs case, judgment was delivered by the trial Court on 29th July, 1994. In the night of 29th July, 1994, the sole plaintiff died. The decree-sheet was prepared on 30th July, 1994. When the execution petition was submitted by the petitioner-legal representative of the plaintiff, the executing Court summoned the file of Civil Original Suit No. 158/85. The executing Court held that the plaintiff died on the day when the judgment was pronounced, which is a day before the decree-sheet was drawn. The executing Court further held that the defendant died on 28th April, 1994, long before the judgment and decree and his legal representatives were not brought on record, therefore, the judgment dated 29th July, 1994 and decree dated 30th July, 2004 are nullity.