Code of Civil Procedure, 1908–Order 22, Rules 2(2) & 6 & Order 21–Denial from execution of the decree passed by the Trial Court with observation that the first appeal preferred by the defendant nos. 4 & 5 could not be stated to have abated nothwithstanding the death of defendant nos. 4 & 5–View of Execution Court that the appeal was decided prior to expiry of the period of ninety days from the date of death of defendant no. 5–Decree passed by the First Appellate Court was a nullity as it was passed in favour of the appealing parties, who had expired prior to the appeal being heard and decided –LR’s. of the deceased-defendant nos. 4 & 5 did not take any steps to have impleaded–Held, Execution Court committed an error in dismissing the execution proceedings.
