Decree on a dead defendant

Querist : Anonymous (Querist) 02 January 2012 This query is : Resolved
Dear Experts Please answer my Query,

In a pending appeal among 7 defendants one defendant Died.

The Plaintiff/appellant got the Decree in appeal without telling the court about the Death of Defendant and not added the Legal heirs of the Defendant.

Is the Decree valid and binding the legal heirs of the defendant?

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s.subramanian (Expert) 02 January 2012
No. Such a decree against a dead person is void and non est.

niranjan (Expert) 02 January 2012
Only against the dead person and not as a whole.

Raj Kumar Makkad (Expert) 03 January 2012
Decree passed against a dead person is nullity so his legal heirs have got full right to re-open the matter from the point wherein the deceased person during his life time was defending his own interests.

There are lesser chances of any change in the judgment but legal right of the legal heirs is intact.

Deepak Nair (Expert) 03 January 2012
Agree with experts. The decree against the dead person is void.

Sailesh Kumar Shah (Expert) 03 January 2012
decree against only dead person is void and valid for other 6 defendants.

Devajyoti Barman (Expert) 03 January 2012
Yes I agree with the views above.

prabhakar singh (Expert) 03 January 2012
I have to state it with a little more clarity.

The decree would be nullity as a whole against all defendants if the interest of the defendants is not separable.

But in case the interest is separable of each of the defendant then it would be nullity only against the deceased defendant and shall not be binding at all,at any rate of the matter upon the heirs of the deceased.

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