Gurdev Vs. Todar & ors. CMPs No.6022 & 6023 of 2025 in RSA No.153 of 2013 16.05.2025 Present: Mr. K.D. Sood, Senior Advocate with Mr. Het Ram Thakur, Advocate, for non-applicant/appellant No.1. Mr. Madan Gopal, Advocate, for applicants/ appellants No.2 & 3. Mr. G.R. Palsra, Advocate, for non-applicants/ respondents No.1(a) to 1(d). CMP No.6022 of 2025 in RSA No.153 of 2013 The instant application has been filed by applicants/appellants No.2 and 3 under Section 151 of CPC for modification of judgment dated 07.01.2025 passed in RSA No.153 of 2013. 2. As per the applicants/appellants No.2 and 3, Shri Todar, who was the sole respondent in RSA No. 153 of 2013, had died on 03.09.2024 during pendency of the appeal and the factum of his death was neither brought to the notice of this Court during pendency of the case nor his legal heirs were brought on record and judgment dated 07.01.2025 has been passed against a dead person. Hence, the same is a nullity being passed in favour of a dead person. 3. No reply is intended to be filed to the application. 4. Heard. 5. It is an admitted fact that respondent-Todar had died on 03.09.2024, whereas, judgment in question was passed on 07.01.2025. However, during pendency of the appeal, the factum of death of respondent-Todar was not brought to the notice of this Court either by the learned counsel for the appellants or by the learned counsel for the respondent. Hence, the said judgment came to be passed in favour of a dead person, without bringing on record his legal representatives. It is settled law that a judgment passed against or in favour of the dead person is nullity, which legal position is not in dispute. 6. In such circumstances, since the judgment has been passed on 07.01.2025 after the death of respondent-Todar without substitution of his legal heirs, therefore, the same being null and void, is liable to be quashed and set aside. 7. Keeping in view the of the facts and circumstances of the case, the instant application is allowed and judgment dated 07.01.2025 passed in RSA No.153 of 2013 is quashed and set aside, being nullity and the appeal is ordered to be restored to its original number. 8. The application stands disposed of. CMP No. 6023 of 2025 in RSA No.153 of 2013 9. Dismissed as having been rendered infructuous. CMP(M) No.698 of 2025 in RSA No.153 of 2013 10. The present application under Order 22, Rules 4, 9 & 11 read with Section 151 of the Code of Civil Procedure (CPC) and Section 5 of the Limitation Act has been filed by applicant-appellant Gurdev for bringing on record the legal heirs of deceased respondent No.1 Todar, after condonation of delay and setting aside the abatement. 11. As per the applicant-appellant No.1, respondent- Todar had expired on 03.09.2024 and left behind his legal heirs, as mentioned in para-2 of the application, who are required to be brought on record. The application is duly supported by the affidavit of applicant-appellant-Gurdev. 12. Learned counsel for the Legal Representatives of deceased-respondent has submitted that he does not intend to file reply to the application and has no objection in case the same is allowed. 13. Heard. Keeping in view the facts and circumstances of the case, the instant application is allowed and the legal heirs of deceased respondent, as mentioned in para-2 of the application are ordered to be brought on record, after setting aside the abatement, if any. 14. The application stands disposed of. RSA No.153 of 2013 15. Learned counsel for the appellants prays for and is granted two weeks’ time to file amended memo of parties. As prayed for, list on 06.06.2025. ( Sushil Kukreja ) May 16, 2025 Judge (VH)