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Criminal Procedure Code QUESTION #9487
Question 1
A civil suit is decreed in A's favour by a Civil Judge. B files an appeal. During the appeal, A dies and L is brought on record as A's legal representative. The appellate Court, without notice to L, proceeds to decide the appeal and reverses the decree. L argues the decree of the appellate Court is a nullity. What is the correct position?
  • If the appeal was decided without notice to L or without hearing L, the appellate decree may be set aside as L was denied natural justice and opportunity to be heard✔️
  • A's rights are merged into the decree; L has no separate rights
  • The appellate decree stands since L was substituted on record
  • L should have informed the Court of his presence
Correct Answer Explanation
Procedural justice under the CPC requires that all parties on record are heard. If the appellate Court proceeds and decides without affording the substituted legal representative an opportunity to be heard, the decree can be challenged as violating the fundamental principle of audi alteram partem, rendering it vulnerable to revision or further appeal.