[OXXII R4 CPC] “Decree Passed In Favour Of Dead Person A Nullity”: MP High Court Declares After LRs Seek Impleadment In Second Appeal

The Madhya Pradesh High Court recently reiterated that a decree passed in favour of a dead person is a nullity and is thus not executable.

The bench comprising Justice G.S. Ahluwalia made the aforesaid observation in an application under Order XXII Rule 4 CPC, moved by Respondents to bring them on record as Legal Representatives of the person who expired before the decree was passed in his favour.

Facts of the case were that the decree holder had expired before the judgment was passed in his favour. However, the Respondents did not apprise the lower appellate court of the fact or move an application to bring themselves on record as his legal representatives. Aggrieved with the impugned judgment and decree, the Appellant moved the Court.

The substantial question of law raised before the Court was whether the impugned judgment and decree was a nullity as the decree holder had expired before the decision of the lower appellate court and none of his legal representatives were brought on record.

Placing reliance on the decision of the Supreme Court in Gurnam Singh (Dead) Through Legal Representatives & Ors. v. Gurbachan Kaur (Dead) by Legal Representatives and also in Amba Bai & Ors. v. Gopal & Ors., the Court answered the question in affirmative. It noted that the decree holder had already expired during the pendency of the first appeal and the final arguments were heard after the death. Therefore, the Court held that the impugned decree was a nullity as it had been passed in favour of a dead person.

With the aforesaid observations, the impugned judgment and decree was set aside.

Cause Title: Raniya Bai v. Tekmani Rathore & Ors. [S.A. 1171/2014]

Case Citation: 2023 LiveLaw (MP) 64

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