The first ground raised in the SLP is that the decree of dismissal against the dead plaintiff appellant is a nullity. We find no force in the contention. It is true that the plaintiff died on December 26, 1994 by which date the arguments in the appeal were already heard and the judgment was reserved. The counsel for the plaintiff filed a Memorandum bringing to the notice of the court the demise under Order 22 Rule 11-A of CPC and prayed for time to bring on record the petitioners as legal representatives to represent the estate of the deceased. The court declined to accede to the request.
Rule 6 of Order 22 provides that:
"No abatement by reason of death after hearing:-"Notwithstanding anything contained in the foregoing rules,whether the cause of action survives or not, there shall beno abatement by reason of the death of either party between the conclusion of the hearing and the pronouncing of the judgement, but judgement may in such case be pronounced notwithstanding the death and shall have the same force and effect as if it had been pronounced before the death took place."
In the face of the explicit language in Rule 6 of Order 22, there can be no abatement by reason of the death of any party between the conclusion of the hearing and the pronouncement of the judgement. It may be pronounced, notwithstanding the death, and shall have the same force and effect as if judgment had been pronounced before the death took place. Therefore, the contention that the judgement and decree of the appellate court is a nullity is devoid of substance.
Supreme Court of India
N.P. Thirugnanam (D) By Lrs vs Dr. R. Jagan Mohan Rao & Ors on 12 July, 1995
Equivalent citations: 1996 AIR 116, 1995 SCC (5) 115
Bench: Ramaswamy, K.
