In Brief
A deceased plaintiff's Power of Attorney ceased to have effect upon his death on 31 December 2006. The legal heirs' second appeal was filed by someone holding a cancelled Power of Attorney, which created defects in the proceedings. After transposition of other legal heirs, Lalitbhai became the sole appellant and withdrew the appeal with his advocate Yogesh Ravani's assistance. The Power of Attorney Holder then sought restoration using an earlier, subsequently cancelled Power of Attorney. The High Court allowed restoration and passed strictures against the advocate. The Supreme Court held that a cancelled Power of Attorney holder has no authority to file restoration applications, and parties cannot be forced to continue litigation against their wishes. The High Court's order was quashed.
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