Restoration of dismissed appeal allowed on production of succession certificate and power of attorney, with amendment of cause title.

An appeal dismissed for want of a succession certificate was restored after the applicant produced a succession certificate from the competent civil court and a power of attorney authorising representation of the deceased appellant's successors. The tribunal held that non-joinder of the successors did not bar restoration in these circumstances, and it directed amendment of the cause title in the appeal memorandum before listing the appeal in due course.

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Issues: Whether the dismissed appeal could be restored on production of the succession certificate and power of attorney, with directions to amend the cause title.

Analysis: The dismissal had been made only because no succession certificate was produced after the death of the original appellant. The restoration application was supported by a succession certificate issued by the competent civil court and by the power of attorney in favour of the present appellant, who was treated as representing the successors of the deceased appellant. In these circumstances, the objection based on non-joinder of the successors was not accepted as a bar to restoration.

Conclusion: The application for restoration was allowed and the appeal was directed to be listed in due course, with a direction to amend the cause title of the appeal memorandum.

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