Mr. Justice S.A. Shah, President—The complainant is the power of attorney holder of deceased Hotchand Pesumal Keshwani who had taken insurance from the opponent -National insurance Co. Ltd.

2. In response to our summons the Insurance Company has filed a written statement and has raised several contentions. But as we do not want to enter into these contentions as the matter can be disposed of on a preliminary ground. The power of attorney holder is neither the nominee nor the heir of the deceased. Hotchand Pesumal Keshwani, even if he is beheved to be a living person. It is well-known that the power of attorney comes to an end when a person dies. Even otherwise, a claim cannot be filed in the name of a deceased person at all. Either the nominee or the heir can file a claim if the cause of action survives. In the instant case the complaint having filed by a dead person through power of attorney which has also come to an end, the complaint is not maintainable under law and the same is dismissed without entering into the merits. We may make it clear that the heirs of the deceased can file the complaint if the cause of action survives and is permitted under law.

ORDER

The complaint is