TEJ NARAIN SINGH ALIAS BHUKLOO RAM Vs. KRISHNA KANT SINGH

JUDGEMENT

(1.) The petitioner is the unsuccessful appellant of Second Appeal No. 296 of 1971.

(2.) The solitary ground on which review is sought of the judgment in the aforesaid appeal is that while the judgment was delivered on 23-10-1981, Rajendra Prasad Singh, respondent No. 1 in the second appeal, died on 22-10-1981, that is one day before. The appeal was however dismissed and the deceased-respondent was endowed with a successful decree in the appeal.

(3.) The petitioner relied on a decision of this Court in the case of Nathmal Khandelia v. Smt. Janki Devi, 1983 BLJR 517, in which succinctly stated it has been held that a decree passed in favour of a deceased-respondent by the dismissal of the appeal will be a nullity in the absence of the heirs of the deceased- respondent whose valuable right by their not being brought on the record has been defeated.