2001 (5) TMI 948 - SC - Indian Laws

Summary

Issues involved:
The issues involved in this case are the abatement of a Second Appeal due to the death of the appellant, the question of merger of decrees passed by different appellate courts, and the validity of execution proceedings based on a decree passed against a deceased person.

Abatement of Second Appeal:
The appellant in the Second Appeal, Radhu Lal, passed away during the pendency of the appeal, and his legal representatives did not take steps to be brought on record. The judgment in the Second Appeal, passed after Radhu Lal's death, was considered a nullity as it was against a deceased person. The failure to bring legal representatives on record led to the abatement of the Second Appeal as per Order 22 Rule 3 of the Civil Procedure Code.

Merger of Decrees:
The learned Single Judge of the High Court held that the decree passed in the Second Appellate Court merged with the decree passed in the First Appellate Court, rendering the decree under execution a nullity. However, the Supreme Court clarified that when the Second Appeal abated due to the appellant's death and no legal heirs were brought on record, the decree from the First Appellate Court became final. The doctrine of merger did not apply in this case, as the Second Appeal did not proceed due to abatement.

Validity of Execution Proceedings:
The legal representatives of the decree-holder Laxmi Lal initiated execution proceedings against the legal representatives of the deceased Radhu Lal based on the decree from the First Appellate Court. The Subordinate Judge initially held that the execution could proceed, but the High Court later deemed the decree under execution a nullity. The Supreme Court overturned this decision, stating that the failure of Radhu Lal's legal heirs to prosecute the Second Appeal did not affect the validity of the decree from the First Appellate Court. Therefore, the execution proceedings were deemed valid, and the appeal was allowed.

This judgment clarifies the legal implications of abatement in civil litigation, the doctrine of merger of decrees from different appellate courts, and the validity of execution proceedings based on decrees passed against deceased parties.