Arjan Singh(D) By Lrs.& Ors vs Gurdial Singh (D) By Lrs

The Supreme Court held that the High Court's order allowing a second appeal was erroneous as it failed to consider the death of Respondent No.1-Arjan Singh and the lack of steps taken to bring his legal representatives on record. The Court emphasized that such procedural lapses warrant the setting aside of the impugned order. Consequently, the appeal was allowed, restoring the second appeal to its original file and permitting the appellants to file necessary applications under Order XXII Rule 4 and Section 5 of the Limitation Act, 1963.