Prem Singh vs Sumitra Devi & Others

Sureshwar Thakur, J

A perusal of the death certificate, appended with CMP No. 5944 of 2021, discloses that, the demise of one Kirpi Devi, arrayed as, coÂappellant

No. 2, in, Civil Appeal No. 24ADJÂII/13 of 2019, occurred on 10.8.2020. However, the learned First Appellate Court pronounced the verdict, upon,

the afore appeal on 26.2.2021, hence her demise occurred during pendency of the afore first appeal. Obviously, since the counsel for the appellants

before the learned first Appellate Court, did not make any motion therebefore, for, either seeking her deletion from the array of appellants, or, hers

being substituted by her LRs, rather hence retained her as coÂappellant No.2, in the array of parties, in Civil Appeal No. 24ADJÂII/13 of 2019.

Consequently, the retention of coÂappellant No.2, in the array of parties, in the afore appeal, is, obviously a pervasive vice The further sequel thereof

is that the application bearing CMP No. 5944 of 2021 is neither maintainable before this Court nor any affirmative decision can be passed thereon.

Therefore, the instant application is dismissed. However, liberty reserved to the applicant to make a motion before the learned First Appellate Court,

for, deletion of the name of coÂ​appellant No.2 in the afore appeal or to get her substituted by her LRs.

Consequently, the verdict pronounced by the learned first Appellate Court, upon, Civil Appeal No. 24ADJÂII/13 of 2019, is, a nonest or is a nullity

in the eye of law, and, is accordingly quashed and set aside.

The learned first Appellate Court is directed to, upon, receiving an appropriate application, make a decision thereon, in accordance with law, and,

thereafter proceed to make a fresh decision, in accordance with law, also upon, Civil Appeal No. 24ADJÂII/13 of 2019. All pending applications, if

any, also stand disposed of.