whether a suit filed against a dead person is non-est and whether that dead person impleaded could be substituted by his heirs and legal ... about it, he would persist in filing the suit against a dead person. In conclusion, the learned Single Judge action it clearly showed that
revision filed before the Government in the year 1991 impleaded those dead persons as party-respondents and, therefore, the revision should have been dismissed ... years 2 months and 7 days on 1,8.1991 impleading dead persons and without making appropriate application for condoning the delay in preferring the appeals
held that if
there is a bona fide mistake regarding impleading any dead person and
subsequently an application is moved for impleading ... held that if LR of one of the defendants is dead
person, application for impleading L.Rs of the deceased was maintainable
if such suit
M/S Gold Exports P Ltd 15 Others vs Nawab Kazim Nawaz Jung Another on
provision of the
9
Act, 1976 were initiated against a dead person without impleading any of
his legal heirs on record. Second possession letter ... initiated under the
provisions of the Act, 1976 against a dead person without impleading the
legal heirs on record and thereafter that proceeding was said
present petition, is to the effect that the appeal was filed impleading dead persons (17 persons). This appeal was preferred alongwith application for condonation ... dead at the time of filing the suit, was made one of the defendants erroneously. The persons who are now sought to be impleaded under
submitted that the suit could not have
been filed against a dead person and sought to distinguish the judgment of
the Apex Court in Karuppaswamy ... whether a suit filed against a
dead person is non-est and whether that dead person
impleaded could be substituted by his heirs and legal
petition of appeal in this Court, in Which, the widow
was also impleaded as a respondent. The alienee-respondents
raised a prelicainary objection that ... petition of
appeal is a nullity as Mst. Bhagwait, a dead person was
impleaded as a party respondent therein. As Mst. Bhagwati
was dead
respondent.
Correcting the cause title and impleading of the legal
representatives of the respondent (dead), where the dead
person alone was arrayed as a respondent ... respect to the
presentation of the appeal against the dead person. The
application for impleading his legal representatives were
moved on 24.2.2006. Not even
highest bid and thereafter issued a letter of confirmation to another person. The Authorised Officer along with Goondas, Police and Advocate Commissioner came ... without disclosing the true facts and suppressing material particulars and impleading a dead person obtained an order, filed this writ petition challenging the order dated