Civil procedure code

Guest (Querist) 11 April 2016 This query is : Resolved
I came across one case was curious
1) Original suit was dismissed under Order IX (Rule 3) --- When neither party appears , suit be dismissed
2) Then Plaintiff filled suit for restoration under Order IX (Rule 4) --- Plaintiff may bring fresh suit or Court may restore suit to file
3) Plaintiff filled suit against dead defendant (Restoration of suit ) --- Here legal heirs appeared looking at court website suo moto
4) Suit is nullified (Because suit against dead person has no consequence) , I suppose Plaintiff may move application for set aside of abutment and delay condolence , Which he will fail
5) What are the remedies for Plaintiff now to get relief which he had claimed in original suit .

Was curious to analysis this procedure blunder done by some one in one case observed

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P. Venu (Expert) 12 April 2016
This is not a legal query and hence should have been posted in the Forum section.

Devajyoti Barman (Expert) 12 April 2016
This is not an academic session...
Please post the query somewhere else like in 'Forum'.

Guest (Querist) 12 April 2016
Person who appeared Suo moto in this case was myself :P

I was wondering what next he can do or his advocate.

Till now 22 civil cases I myself is party but this matter myself handing so was wondering what next he can do .