..^.ev- ff'^^ ^^^-^;^ w ^- .^ HIGH COURT OF CHHATTISGARH. BILASPUR APPELLANT/: (Plaintiff) RESPONDENTS/: (Defendants) Second Appeal No.388 of 2010 Niyaz Ahmad Ansari S/o Mo. Ishaq Ansari Occupation Teacher, aged about 30 years, Resident of Implipara, Ambikapur, District Surguja (Chhattisgarh) Versys 1. Smt. Roze Bibi, W/o Mo. Safi, aged about 45 years, Occupation House Wife, Resident of Village Ajirma, Tahsil Surajpur, District Surguja (C.G.) 2. Faiyyaz Ahmad Ansari, S/o Mo. Ishaq Ansari, aged about 24 years, Resident of Implipara, Ambikapur, District Surguja (C.G.) 3. Mu. Sayra Khatun, Widow of Abdul Gani, aged about71 years, 4. Rahiman W/o Nasiruddin aged about 55 years, 5A. Smt. Rakiya Bibi, W/o Late Wahim aged about 35 years, Occupation House Wife, B. Mo. Aaksaph S/o Late Nasiruddin, aged about 40 years, Occupation Agriculturist, ••• C. Mo. Sabir, S/o Late Nasiruddin, aged about 32 years, Occupation Agriculturist, D. Mo. Asfaq, S/o Late Nasiruddin, aged E. 6. 7. about 35 Agriculturist, years, Occupation Mo. Mubarak Hussain, S/o Late Nasiruddin, aged about 30 years, Occupation Agriculturist, Respondent No.3 to 5E all are resident of village Ajirma, P.S. Jainagar, Tahsil Surajpur, District Surguja (C.G.) Mo. Ibrahim, aged about 70 years, S/o Not known, Occupation Agriculturist, resident of Village Domhat, P.S. Pratappur, District Surguja (C.G.) State of Chhattisgarh Through Collector, Ambikapur, District Surguja (C.G.) {Second appeal underSection 1-00 of Civil Procedure Code} c^ (@ 35ai Soma Present: Mr. Sunil Tripathi, counsel for the appellant. Mr. Ashok Kumar Shukla, counsel for respondent No.1. Mr. Vineet Kumar Pandey, counsel for respondents No.2, 3, 4, 5A, 5C, 5D, 5E & 6. Miss Sangeeta Mishra, Panel Lawyer for the State/respondent No.7. Sinale Bench: Hon'ble Mr. T.P. Sharma^J ORAL JUDGMENT (8-8-2011) 1. This is second appeal against the judgment & decree dated 23-11-2010 passed by the 3 Additional District Judge, FTC, Ambikapur in Civil Appeal No.21A/2005, reversing the judgment & decree dated 29-7-97 passed by the 5th Civil Judge Class-11, Ambikpur in Civil Suit No.73A/96, in which I.A.No.4 for impleading the legal representatives of deceased respondent No.5B herein namely Mohd. Aaksaph has been filed. 2. I have heard learned counsel forthe parties, perused the judgments & decrees and records of both the Courts below. 3. In I.A.No.4 supported by affidavit it has been mentioned in para 4 that respondent No.5B died in the month of March, 2009 i.e. before the judgment & decree dated 23-11-2010 passed by the lower appellate Court. This fact has not been substantially disputed by the opposite party. I.A.No.4 clearly reveals that the judgment & decree impugned have been passed against the dead person i.e. respondent No.5B herein namely Mohd. Aaksaph which is of nullity. 4. Congequently, without further finding or observation, the judgment & decree dated 23-11-2010 is hereby quashed. The case is remitted to the Court of 3 Additional District Judge, FTC, Ambikapur or the successor- in-office, for dedding the appeal afresh after passing suitable order on account of death of respondent No.SB Mohd. Aaksaph, S/o Late Nasiruddin. No order as to costs. 5. Parties are directed to remain present before the lower appellate Court for further proceeding on 1 of September, 2011. Sd/- T.P. Sharma Judge _..^,,s-3"3u