KLSHUN @ RAM K!SHUN (DEAD) THROUGH LRS. versus BIHARI (DEAD) BY LRS.

KLSHUN @ RAM K!SHUN (DEAD) THROUGH LRS. versus BIHARI (DEAD) BY LRS.

A decree passed by the High Court in favour of and against deceased parties without bringing legal representatives on record is a nullity and the appeal stands abated. An appeal against a decree based on a disputed compromise is maintainable; Section 96(3) CPC bar does not apply when compromise is disputed and an...

Source-derived case information.

Parties
Appellant: Kishun @ Ram Kishun (Dead) through LRs.; Respondent: Bihari (Dead) by LRs.
Jurisdiction
India
Judgment Date
05 August 2005
Procedural Posture
Civil Appeal / Appeal to Supreme Court Against Judgment and Orders of Allahabad High Court in Second Appeal No. 825/80 and CMA No. 827/2003
Outcome
Appeal allowed; orders and decrees passed by all courts below are set aside; suit remanded to trial court for fresh decision after proper enquiry.
Legal Topics
Appeal Against Compromise Decree, Abatement of Appeal, Consent Decree Under Section 96(3) CPC, Compromise Inquiry Under Order XXIII Rule 3 CPC
Civil Procedure Appeal Against Compromise Decree Abatement of Appeal Consent Decree Under Section 96(3) CPC Compromise Inquiry Under Order XXIII Rule 3 CPC

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Summary, issues, holding and outcome

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Parties

Kishun @ Ram Kishun (Dead) through LRs.

Appellant

Bihari (Dead) by LRs.

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court Against Judgment and Orders of Allahabad High Court in Second Appeal No. 825/80 and CMA No. 827/2003

Legal Issues

  1. 1 Whether an appeal is maintainable against a decree based on a disputed compromise under Section 96(3) CPC
  2. 2 Whether a decree passed by the High Court when both appellant and respondent had died, without bringing legal representatives on record, is a nullity
  3. 3 Whether proper enquiry was conducted as to existence of compromise under Order XXIII Rule 3 CPC

Ratio Decidendi

A decree passed by the High Court in favour of and against deceased parties without bringing legal representatives on record is a nullity and the appeal stands abated. An appeal against a decree based on a disputed compromise is maintainable; Section 96(3) CPC bar does not apply when compromise is disputed and an enquiry is conducted.

Court Disposition

Appeal allowed; orders and decrees passed by all courts below are set aside; suit remanded to trial court for fresh decision after proper enquiry.

Orders

  • Orders and decrees passed in the suit, appeals, and second appeal are set aside.
  • Suit remanded to trial court for decision afresh after enquiry into existence of compromise as per Order XXIII Rule 3 CPC.