The plaintiff filed suit for recovery of money by foreclosure rights of the defendant on the mortgaged property and for specific performance filed under order 7 rule 1 of cpc r/w 26 of cpc by sole plaintiff against sole defendant. The same was numbered as 44449/201. The suit was dismissed by default on 07-09-2007 and restoration petition was filed on 08-10-2007 by the plaintiff. It was numbered as 261/2008. Same is pending before the hon'ble court. Plaintiff died on 28-01-2010. LR's of deceased filed petition to implead them as legal representatives along with delay condone petition. Both were numbered as IS 675/10 and 676/10. While the matter is pending LR's of plaintiff came to know defendant also died on 14-10-2008. LR's of plaintiff filed to implead the LR's of defendant along with his death certificate. The same was numbered as 949/10. All the three I.As filed in original suit instead of filing in restoration petition i.e., IA 261/08. On hearing both sides the Hon'ble court allowed the LR petition of plaintiff. The council for the defendant preferred review stating that the plaintiff council has to file the IA 675/10 and 676/10 in IA No. 261/08 (Restoration petition). As such without filing proper petition in restoration petition allowing of IA 675/2010 vitiates the entire procedural process of condoning the suit and prayed to review the order passed in IA 675/10 to do justice in the interest of justice.
In such circumstances, can someone please provide any rulings about the procedural irregularity from Supreme court of India or any High court judgements which are in favor of plaintiff.
Thanks
