Bhagat Singh Vs. State of Punjab & Ors.
Article 136 with Civil Procedure Code, 1908 – Orders 22,23 – Appeal pending – Death of sole appellant – Sole legal heir sub-stituted – Application for withdrawal. Held that sole heir is allowed to withdraw.
(Para 4)
1. The sole appellant in this case, one Bhagat Singh died and an application for substitution has been filed on behalf of the legal representative of the said Bhagat Singh. The substitution application is allowed.
2. Learned Counsel who appears in this case submits before us that the appellant wants to withdraw this appeal. The legal representative of the original appellant has also filed an application for withdrawal of the appeal, supported by an affida-vit in which it has been stated that, on account of the death of her father, she does not want to pursue the appeal any longer.
3. Learned Counsel for the respondents states that the legal representative who has now been brought on record is the sole legal representative of the deceased Bhagat Singh.
4. In the circumstances, this Interlocutory Application for withdrawal of appeal is allowed. The appeal is accordingly dis-missed as withdrawn.