BHUREY KHAN Vs. YASEEN KHAN

JUDGEMENT

(1.) The only question that arises for consideration in this appeal is whether in the facts and circumstances of the case the High court was justified in abating the second appeal for non-impicadment of some of the heirs of the deceased respondent.

(2.) Yasccn Khan, one of the respondents expired. An application was filed for bringing on record his widow, six sons and four daughters. Since the sons were already on record notices were issued to the widow and the daughters only. The notices could not be served, Consequently inc appeal was dismissed for non-prosecution. An application filed by the appellant for recall of the order was also dismissed. The appellant made another effort by filing an application together with notices and process fees. This application was also dismissed. Against this order the appellant filed a special leave petition which was disposed of with the following observation:

(3.) When the appeal was taken up again in pursuance of the order passed by this court the High court held that since no effective decree could be passed in the absence of legal heirs of Yaseen Khan who were not brought on record the appeal was liable to be abated