The court dismissed a civil miscellaneous petition filed to set aside an order and restore an appeal, noting the sole appellant had died and the legal heirs failed to implead themselves.
The petition is dismissed.
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Sl. Date Case No. Order
No.
1 27.01.2020 CMP.No.310 of G.K.ILANTHIRAIYAN, J.
2015 in
SA.No.1093 of This petition has been filed to set aside the order
1998 dated 07.01.2015 made in the above second appeal
and restore the second appeal in SA.No.1093 of 1998.
2.It is seen that the sole appellant died long back.
Even then, the legal heirs of the appellant did not take
any step to implead themselves on record as the legal
heirs of the deceased appellant.
3.Therefore, this civil miscellaneous petition is
dismissed.
27.01.2020
lok
1/1
1 issue framed by the court
Whether the petition seeking to set aside an order and restore an appeal is maintainable when the sole appellant is deceased and legal heirs failed to implead themselves.
Legal heirs of the deceased appellant
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
