AZIZ AHMED Vs. SAKINA BEGUM

JUDGEMENT

(1.) BY way of this application it is contended that appellant no.1 has expired on 13.9.2006; his legal heirs have not been brought on record; appeal stands abated. Prayer for abatement has been made.

(2.) REPLY filed has opposed the application. It is not in dispute that appellant no.1 has died and admittedly his legal representatives have not been brought on record within the prescribed period of limitation.

(3.) LEARNED counsel for the non-applicants/appellants has placed reliance upon a judgment of the Apex Court reported in (2003) 3 SCC 272 Sardar Amarjit Singh Kalra (dead) by LRs. and Ors. vs. Pramod Gupta (dead) by LRs and Ors. It is submitted that laws of procedure are meant to regulate effectively and aid the object of doing substantial and real justice; rights should not be foreclosed as procedure is always viewed as a handmaid of justice and not hamper the cause of justice.