A suit was initiated in the year 1977 in the high court in between the trustees in respect of who is entitled to be the legal trustees of the trust property .In the suit a Receiver was appointed to collect rent and manage the trust property. In suit dismissed for default in the year 2022 and all the plaintiffs died during pendency of suit - First one in the year 1870 and last in the year 2021 . The legal heirs were not substituted . One of the legal heirs of plaintiff filed for restoration in the year 2023 around 1 year after dismissal of suit for default in the year 2022. The high court heard and rejected the application on the ground that plaintiffs were not interested to proceed with the suit. The suit property illegally was sold by one of the heirs of alleged trustee during pendency of said . As per deed the trust created is irrevocable and there was restriction on its sale for individual benefit .
Want to file appeal in divisional bench for restoration ? On what ground and law point we can be able to restore the suit ?
Alternative remedy : The heirs of the plaintiff want to challenge the illegal sale of said trust property barred by law
