In this decision, the Court had made the following suggestions:
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It is only proper that the dead persons/is/are also shown in the party array and as is the usual practice, shown as expired or dead; in brackets, which would be a clear indication of there being no necessity to send notice to the deceased respondent, which, we agree, is an impossibility.
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Similarly, when a respondent is alive at the time of filing of the appeal and expires during the course of the appeal, an application for impleadment will have to be filed showing the name of the dead person and then showing as additional respondents, the legal heirs who are seeking to be impleaded. In the appellate proceeding also, the parties would be shown in the same manner, so there would be no confusion regarding the reference to the parties in the Lower Court and Appellate Court orders.
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In the fitness of things, especially since there is no prohibition, the dead person also should be shown in the cause title of the IA for impleading of the legal heirs, setting aside abatement or condonation of delay.
The memorandum has now specified that these directions are to be complied with without fail.
Source: Barandbench
