Himachal Pradesh High Court
Mast Ram & Others vs . Nand Lal & Others on 6 October, 2023
Mast Ram & others vs. Nand Lal & others RSA No. 229 of 2023 .
Reserved on 03.10.2023 06.10.2023 Present: Mr. G.R.Palsra, Advocate, for the appellants.
RSA No. 229 of 2023 Admit on the following substantial questions of law:-
Whether the judgments and decrees passed by of both the learned Courts below are nullity having been passed in ignorance of death of proforma respondent, namely, Durga son of Bram, who had rt died in the year 2014?
Let notice be issued to the respondents, returnable within four weeks, on taking steps within a period of one week.
CMP No13730 of 2023 & CMP No. 13731 of 2023 Notice in the aforesaid terms.
In the meantime, judgment and decree passed by the learned Trial Court in Civil Suit No. 47-I/2014 and affirmed by learned Appellate Court in Civil Appeal No. 5 of 2023, shall remain stayed till further orders subject to furnishing the security bond in the sum of Rs.1,00,000/-
(Rupees One Lakh only) with an undertaking to abide by the ultimate judgment and decree, which may be passed in the present appeal to the satisfaction of the learned Trial Court within one month from today.
Rakesh Kainthla) 06 October, 2023 th Judge (ravinder) ::: Downloaded on - 06/10/2023 20:38:36 :::CIS