UJJINAPPA Vs. JAYANNA AND ORS

JUDGEMENT

(1.) The ground urged by the petitioner in this review petition is that judgment of the first appellate Court was against a dead person i.e., the contesting party. The appellant died, but his legal representatives were not brought on record. Accordingly, the order of the first appellate Court is to be set aside. It is submitted that though this argument was canvassed, it is not considered by this Court while disposing of the Regular Second Appeal No. 1253 of 2014. Hence, it is submitted to review the order. In respect of passing an order against a dead person, it is seen from the order that the son of the first appellant was party on record as on the date of the order. Hence, it was not required to bring the legal representatives of the deceased on record as party respondents, in that view of the matter and having regard to the facts and circumstances of the case, the order passed in Regular Second Appeal has been examined and it is found that the review petitioner has not made any ground to review the order dated 27th October 2014 passed in Regular Second Appeal No. 1253 of 2014. In the result, Review Petition stands dismissed.