VINDHYACHAL DUBEY (DEAD)BY LRS. . vs RAJ KISHORE TEWARI(DEAD)BY LRS. . — C.A. No. 6957/2003

Case Summary: C.A. No. 006957/2003 The Supreme Court dismissed the appellants' appeal challenging the High Court's rejection of their restoration application. The original trial court had decreed a redemption and partition suit in 1978. When the appellants appealed, several respondents died, and the appellants' substitution application to bring legal heirs on record was dismissed for non-appearance in 1991, causing the appeal to abate. The appellants subsequently withdrew a Letters Patent Appeal and filed a restoration application, which the High Court dismissed as unmaintainable. The Supreme Court upheld this dismissal, holding that the proper remedy should have been to pray for setting aside the abatement and substitution of legal heirs, not restoration. Outcome: Appeal dismissed without costs on January 8, 2014. This case analysis is maintained by casestatus.in based on publicly available court records.