VISHVANATH DNYANOBA Vs. LALLU KABLA

JUDGEMENT

(1.) In this case there was a decree passed in favour of the father of the present respondents on the 29 of June 1907, though he had died on the 28 April 1907, and his sons, the present respondents, had not been brought on the record as his heirs and legal representatives. The appellant, however, presented an appeal against the decree but withdrew it. They then applied for execution of the decree.

(2.) The appellant resisted the application on the ground that the decree, having been passed in favour of the plaintiff who was deceased at its date, was a nullity and, therefore, incapable of execution.

(3.) Both the Courts below have allowed execution but, I think, wrongly. A Court has no jurisdiction to make a decree Whether against or in favour of a deceased person.