1 WP 1280/2003 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1280 OF 2003 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. M.S. Salekar i/b Mr. N.R. Bubna the petitioners. Mr. Nagesh Y. Chavan i/b Mr. T.S. Ingale for respondent nos.4(a) to 4(c), 8d, 8e and 26. CORAM : D.G. KARNIK, J. DATE : 7TH JUNE 2011 P.C. : 1. By this petition, the petitioners challenge the order dated 9th September 2002 passed by the learned Civil Judge, Junior Division, Jaisingpur, for setting aside the abatement and allowing the petitioners (plaintiffs) to bring on record the legal representatives of the original defendant no.3. 2. By an order dated 29th August 2009, the 2 WP 1280/2003 petition has been dismissed against respondent nos.2, 3, 5, 6, 7, 8(a) to 8(c), 9, 16, 23, 27 and 28 for non-service. No steps have been taken for setting aside the order and the order has become final. 3. The respondent no.3 in the present petition is the original defendant no.3. He has already died. Yet he has been made a party without mentioning any of his legal representatives. Thus, the petition qua respondent no.3 was itself misconceived as it was filed against a dead person and not against his heirs. Further more, any order of setting aside the abatement of the suit against the original defendant no.3 is likely to affect the legal representatives of the original defendant no.3 and as such they were necessary parties to the writ petition. They have not been joined as parties to the petition and on this ground also, the petition is not maintainable. The petition is accordingly dismissed. (D.G. KARNIK, J.)