It is very interesting one.
I am for the defendant in one case. During the pendency fo the suit plaintiff died. LRs. of plaintiff filed an application to bring them on record, but court didn't pass any order on that application more than 3 and half years, plaintiff advocate also press for it he went adducing the evidence and court also ignore the application pending, mean while one of the legal heirs of the plaintiff died, who was not at all on record as legal heir of the defendant. During the pendency of the suit advocate for plaintiff retired and another advocate filed vakalat along with an application for setting aside the abetment and to bring the Lrs of deceased plaintiff and deceased legal heir on record. Court dismissed the application to bring the Lrs of deceased one of the LR and allowed the application to bring the Lrs of the plaintiff.
One of the Legal heirs of plaintiff is dead then how come she has to be considered as one of the legal heir of the deceased plaintiff? In my opinion the order passed by the court is wrong and application can be filed to recall the order. Let me know I can file an application for recall the order. If any citation kindly upload. Thanks in advance.