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...........
Civil Procedure Code, 1908, Section 47 -- Decree passed against a dead person is a "nullity"...........
Civil Procedure Code, 1908, Section 47, Order 22, Rule 3, 4 -- Non substitution of L.R's within statutory period - Appeal abates - Decree passed thereafter - Decree passed against dead person - Decree is a nullity - However, it's validity can be questioned in any proceedings including execution proceedings or even in collateral proceedings, whenever such decree is sought..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Non substitution of L.R's within statutory period - Appeal abates - Decree passed thereafter - Decree passed by Court for or against a dead person is a "nullity" as defect of this nature affects the very authority of Court in passing such decree and goes to the root of the case...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Abatement - Decree passed in ignorance of death of sole defendant - Defendant died during the pendency of appeal and his LRs were not brought on record - Though Court is empowered to exempt plaintiff from necessity of substituting LRs of defendant but such an exemption can be granted before the judgment is pronounced and..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree against a dead person - Death of two defendants during pendency of suit and their L.R's not impleaded - Decree passed on merits - Decree passed against dead persons, cannot be sustained - Judgment and decree set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11 -- Decree in favour of a dead person - Neither null and void nor illegal, but is only voidable - Such decree binds the parties and continues to exist in law unless avoided through process known to law - However, decree passed against dead person is generally treated as nullity...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant proceeded exparte on 27.5.2000 whereas he died on 14.11.1999 - Decree against a dead person is a nullity - Neither any notice nor any information was ever sent to the wife and L.R's of deceased defendant - Widow an illiterate Pardanashin lady cannot be supposed to have any knowledge..........
