Amba Bai And Others vs Gopal And Others

The Supreme Court held that a decree passed in a Second Appeal against a deceased person is a nullity, as established under the principles of abatement and merger of decrees. The Court clarified that since the appellant Radhu Lal died during the pendency of the appeal and no legal heirs were brought on record, the Second Appeal abated, and thus, there was no valid decree to merge with the First Appellate Court's decree. The Court overturned the High Court's ruling that the decree was valid, affirming that execution proceedings based on a null decree cannot be sustained.