https://www.taxtmi.com/caselaws?id=184224 Order 22 CPC governs the effect of a party's death in appeal, and where the sole or relevant appellant dies without substitution of legal representatives within time, the appeal abates by operation of law. A judgment passed against a deceased person is a nullity, but it does not displace the decree under challenge where the appeal has abated in law. The doctrine of merger applies only when a superior court validly exercises appellate jurisdiction and determines the parties' rights by a competent order. On that basis, the first appellate decree survived for execution, merger did not apply, and the execution proceedings remained maintainable. en-us Tue, 08 May 2001 00:00:00 +0530 Sat, 02 Jul 2016 14:16:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184224 Order 22 CPC governs the effect of a party's death in appeal, and where the sole or relevant appellant dies without substitution of legal representatives within time, the appeal abates by operation of law. A judgment passed against a deceased person is a nullity, but it does not displace the decree under challenge where the appeal has abated in law. The doctrine of merger applies only when a superior court validly exercises appellate jurisdiction and determines the parties' rights by a competent order. On that basis, the first appellate decree survived for execution, merger did not apply, and the execution proceedings remained maintainable. Case-Laws Indian Laws Tue, 08 May 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184224