Madhya Pradesh High Court
Smt. Meerabai vs Babulal (Died) Thr. Lrs. Maganlal Kirar on 18 January, 2016
RP-826-2015
(SMT. MEERABAI Vs BABULAL (DIED) THR. LRS. MAGANLAL KIRAR)
18-01-2016
Shri P. C. Paliwal, learned counsel for the applicants. Heard on I. A. No. 14721/15 an application U/s 5 of the Limitation Act.
Even though the M. A. No. 25/01 under Section 173 of the Motor Vehicle Act has been decided by a Bench of this Court on 18/01/07 but from the narration of facts that have come on record, it is seen that Shri Babulal had expired on 11/11/05 and the fact about order passed in M. A. No. 25/01 has been noticed by the legal heirs of Shri Babulal only after proceedings in W. P. No. 8758/10 which was disposed of on 12/08/15 and after notice of the Execution Court i.e. in Execution Case No. 116/92, immediately thereafter they have filed the proceedings for review, accordingly, finding the reasons in the application for condonation of delay to be reasonably explained, I. A. No. 14721/15 is allowed. Accordingly, the delay in filing the review application is condoned.
I. A. No. 14721/15 stands allowed and disposed of. From the additional evidence and documents that have come on record, it is clear that non-applicant Babulal in M. A. No. 25/01 had expired on 11/11/05 and when the appeal under Section 173 of the Motor Vehicles Act was decided by a Bench of this Court on 18/01/07, it was against a dead person.
In view of the law laid down by a Bench of this Court in the case of Shankarlal Vs. Smt. Pyari Bai 1992 (1) MPWN 151, a decree and award passed against a dead person is a nullity in the eyes of law.
That being so, this application has to be allowed as the order in appeal passed on 18/01/07 i.e. in M. A. No. 25/01 against Shri Babulal is a nullity. Accordingly, this application is allowed. The order passed on 18/01/07 in M. A. No. 25/01 is recalled. The said appeal be restored to its original file. It be placed for orders before the appropriate Bench. This review application is allowed and disposed of.
(RAJENDRA MENON) (SUSHIL KUMAR PALO)
JUDGE JUDGE