ASHOK KUMAR JAIN S/O SHRI MADAN LAL JAIN Vs. CIVIL JUDGE (SR. DIV.) AND ADDL. CHIEF JUDICIAL MAGISTRATE AND ORS.

JUDGEMENT

(1.) ADMIT .

(2.) HEARD learned Counsel for the parties.

(3.) THE learned Counsel for the petitioner contended that the application dated 16th May, 2007 was not filed on behalf of the legal representatives of the deceased but it was filed duly signed by the Advocate, who was not authorized on behalf of the legal representatives as no 'vakalatnama' of legal representatives was filed along -with the application, therefore, the trial court committed an illegality in passing the impugned order and in not dismissing the suit as abated in the facts and circumstances of the present case.