Extracted from the PDF above. The PDF is authoritative.
2026:HHC:38586 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RSA No. : 20 of 2026 Decided on : 10.09.2026 Tek Chand & Ors. ...Appellants Versus Robin Singh & Ors. …Respondents The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the appellants : Mr. Sumit Sharma, Advocate. For the respondents : Mr. K.B. Khajuria, Advocate, for respondent No. 1. Respondent No. 2, is stated to have expired. None for respondent No. 3. Virender Singh, Judge
(Oral) CMP(M) No. 1396 of 2026 By way of present application, a prayer has been made to bring on record the legal representatives of deceased respondent No. 2 Viber Singh, who as per the application, expired on 09.03.2023, leaving behind the LRs, whose names have been mentioned in para 3 of the application. 2. Perusal of the record shows that before the learned trial Court, Viber Singh son of Sh. Chander Sain 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:38586 was impleaded as defendant No. 3. He has not opted to put appearance before the learned trial Court, as such, he was proceeded against exparte, but he was one of the contesting parties, against whom, the relief was sought by plaintiff Robin Singh. Meaning thereby, the judgment in the said case was passed against a dead person. 3. The Hon’ble Supreme Court in ‘Gurnam Singh (Dead) through Legal Representatives & Ors. Vs. Gurbachan Kaur (Dead) by Legal Representatives’ (2017), 13 SCC 414, has observed, in para No.21, as under:
“21. It is a fundamental principle of law laid down by this Court in Kiran Singh’s case (supra) that a decree passed by the Court, if it is a nullity, its validity can be questioned in any proceeding including in execution proceedings or even in collateral proceedings whenever such decree is sought to be enforced by the decree holder. The reason is that the defect of this nature affects the very authority of the Court in passing such decree and goes to the root of the case. This principle, in our considered opinion, squarely applies to this case because it is a settled principle of law that the decree passed by a Court for or against a dead person is a ‘nullity’.”
4.
Being guided by the above decision, this Court is left with no option, but, to set aside the judgments passed by learned trial Court (Senior Civil Judge, Kinnaur at Reckong Peo), as well as, the learned first appellate
3 2026:HHC:38586 Court (District Judge, Kinnaur Civil Division at Rampur Bushahr, Camp at Reckong Peo), on technical defect and the matter is remanded back to the learned trial Court to determine the question of abatement and decide the matter afresh, after bringing on record the LRs of deceased respondent No. 2, Viber Singh. 5. Considering the fact that the lis was pending between the parties, from the year 2016, it is expected from the learned trial Court to decide the question of abatement and decide the matter afresh on or before 31.03.2027. 6. With these observations, the judgment and decree dated 26.09.2024, passed by learned trial Court, and as upheld by learned first appellate Court vide
judgment and decree dated 18.10.2025, are set aside.
7. Parties, through their counsel, are directed to appear before the learned trial Court on 24.09.2026, at 10:00 am.
8. Pending application(s), if any, shall also stand
disposed of.
(Virender Singh)
Judge 10th September, 2026 (Pramod Kumar)