Abdul Razak Mohamed Nalir alias Haleel Vs. Mohamed Lebbe Abdul Rasak. – CA NO. 779/1986-1986
In the case between Abdul Rahuman Marikkar Mohamed Thahir and others (Plaintiff-Respondents) and Mohamed Lebbe Abdul Rasak (deceased) with several other parties (Defendant-Appellants), the court addressed procedural matters relating to the substitution of the deceased 1st Defendant-Appellant and the withdrawal of the appeal by certain appellants. It was held that the petitioner, one of six heirs of the deceased, was a fit and proper substitute and was ordered to be substituted as the new 1st Defendant-Appellant, with the caption to be amended accordingly. The court also permitted the withdrawal of the appeal by specified appellants, dismissed the appeal without costs, and ordered the case record to be returned to the relevant District Court. The principle reaffirmed was that substitution i

