Special Appeal Civil in DB of High court was filed by GPA Holder, During pendency of the appeal one of the GPA executor was dead in 2006, which cam to know in the notice of the defendent in 2010. The appealant did not informed the court till now. Now the defendent has filed an application that the appealant has conducted a serious default by not informing the court about the fact of death of the GPA Executor. Now what may be the position - The advocates appointed on such a dead GPA can stan before the court in this case ? is the appeal died as soon as the GPA is died? can the legal successors execute the another GPA in favour of same appealant ? may the court accept the new GPA? THere are so many quetions also.
As far as I think when original GPA through wich the appeal was initiated is dead, the case is autometically stands nul. With a fresh GPA a freash appeal may be submitted , If the time limit permits.
Whaty is the openion of the experts? please opine...........
C.S.Joshi
