- (1.) No one appears when the matter is called on. Seen the office report dated July 19, 2014. Re: CAN 8590 of 2013 We are of the opinion that the application for substitution (CAN 8590 of 2013) ought to have been allowed by the learned Registrar (Administration) in stead of directing the petitioner to file photocopy of the death certificate and for affidavit of service. Under Chapter V. Rule 25 of the Appellate Side Rules, in case of death of a party, an application, supported by an affidavit, shall be filed for an order of amendment of the memorandum of an appeal consequent on the death of a party including a party whose heirs are, already, on the record.
(2.) Same principles apply in relation to the revisional application.
(3.) The application for substitution consequent upon the death of the sole petitioner, namely, Sk. Ajijur Rahaman, is filed supported by an affidavit. It is stated in the application that the sole petitioner died intestate on November 12, 2012 leaving behind him his widow, six sons and a daughter.;