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may 2001

Supreme Court of India · 2001-05-08

AMBA BAI vs GOPAL .

Citation / case number
SC 1998/10613
Court
Supreme Court of India
Petitioner
AMBA BAI
Respondent
GOPAL .
Author
K.G. BALAKRISHNAN U.C. BANERJEE
Bench
K.G. BALAKRISHNAN U.C. BANERJEE

Judgment text excerpt

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, the decree could not be executed. The Court reversed the High Court's decision that deemed the decree valid, affirming the Subordinate Judge's ruling that execution proceedings were valid based on the First Appellate Court's decree.

AMBA BAI vs GOPAL . · Niyam