I am representing a chit fund company which has filed a suit against the successful bidder as D1 and three guarantors as D2 to D4. D1 appeared through counsel and filed his written statement and subsequently died. This fact was never informed by D1's counsel either to court or to us (O22 R10A not complied). Unaware of the factum of death of D1 and making D3 ex-parte a joint and severable decree has been passed.
Subsequently we filed EP in which D3 who remained ex-parte filed EA stating that the Decree is a nullity in as much as it has been passed against a dead person, the same was dismissed. Challenging the dismissal of EA, a CRP has been filed in the High COurt.
My query is :
If the prized subscriber dies and the fact is not informed either to the Plaintiff or Court and the suit results in a decree, does it become a nullity or only in abatement of the suit against D1 since the liability of the guarantors is co-extensive with that of the Prized Subscriber.
Kindly advise and suggest some judgements in my favour, if any. It seems i have a week case, so help.
D.R. VARMA,
ADVOCATE : drvarma1@rediffmail.com, drvarma1@gmail.com
thank u all
