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.