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 - 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, 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..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree against a dead person - Decree is `nullity' - Question regarding legality could be raised in appeal or even in execution proceedings arising out of such a decree...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree against a dead person - Death of defendant and his LR's not impleaded - Separate suit can be maintained by heirs of deceased defendant seeking a declaration that decree passed is a nullity and not enforceable against them...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff during pendency of appeal - Judgment and decree passed in said appeal without taking note of death of plaintiff is admittedly against a dead person and a nullity - Impugned order of first appellate Court set aside - Case remanded to Lower Appellate Court for disposal afresh in accordance with law...........
