Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Second wife and children from second marriage got impleaded in setting aside application - Second wife was stranger to proceeding -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree against dead person is a nullity - If a decree is a nullity, its invalidity can be set up whenever and wherever it is sought to be enforced, even at the stage of execution...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Decree against a dead person is construed as nullity and a decree passed in favour of a dead person is not construed as nullity...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree against dead person - Executing Court has jurisdiction u/s 47 CPC to take cognizance of undisputed fact that on the date of decree, suit was no more as it stood abated by operation of law...........
Civil Procedure Code, 1908, Section 47 -- Execution - Ex parte decree against dead person - Date on which decree was passed sole defendant was dead - No application was filed for bringing legal heirs of sole defendant - Decree is passed when suit had abated - An abated suit cannot be decreed and therefore same has to be treated as nullity - Executing Court rightly held..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Decree against a dead person without impleading his LRs - Decree is a nullity and cannot be executed...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Decree in favour of or against a dead person - Decree is a nullity...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Non-impleadment of legal representative - Decree passed without impleading legal representatives of a deceased party by passing a specific order leads to a decree against a dead person and therefore it becomes a nullity...........
Civil Procedure Code, 1908, Section 151, 152, Order 22, Rule 3 -- Correction of decree - Decree passed in favour of a dead person - Plaintiff died during pendency of suit - Application filed to implead his L.R's - Decree passed without deciding application to impleaded L.R's of deceased plaintiff - Correction of decree - Since the application to implead L.R's of deceased..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaitniff during pendency of suit - Death unnoticed and suit decided without substitution of L.R's - Suit abates as abatement is automatic - When question of abatement of suit or appeal arises, same can only be gone into and decided by Court where suit or appeal was pending at the time of death of a party - Judgment..........
