In Brief
A man inherited agricultural land previously allotted to an ex-serviceman. The land was re-allotted by the Collector; the heir sued and won in trial court (decree dated 14 August 2006). The losing defendants appealed but died before the appeal hearing (one in October 2006, the other in September 2010). No heirs replaced them on record. The appellate court nevertheless decided the appeal in October 2010 and modified the trial decree. The heir later sought execution of the original trial decree. The courts below rejected it, saying the appellate decree superseded the trial decree. The Supreme Court held that a decree passed in favour of dead appellants, whose heirs were not substituted, is void. Such a judgment has no legal force. The trial court decree therefore revives and is executable. The appeal was allowed.
The lawyer headnote and full judgment text are available to registered users.