High Court Case deliberately stuck, unable to proceed further
(1) Year 2008 - Appellant filed an appeal in High Court. First Respondent filed a vakalat and joined the case. Second Respondent never filed a vakalat and never joined the case. My wife is daughter of Second Respondent. After a couple of hearings, the case was set aside (due to priority).
(2) Subsequently, all three parties expired - Second Respondent in 2010, Appellant in 2012 and First Respondent in 2013.
(3) The legal heirs of Appellant and First Respondent colluded with each other and deliberately did not join the case.
(4) Till today, the High Court does not know that all the three parties expired.
(5) The legal heirs of Second Respondent want to (a) either join the case or (b) get the case dismissed. Is this possible?
(6) I consulted a lawyer. He told me since the Second Respondent never filed a vakalat when alive, the legal heirs can not join the case now. Only the Appellant's legal heirs can get the legal heirs of R2 aboard, but they seem to be not interested in taking the case further.
(7) My question is: Can the legal heirs of Second Respondent do anything to dismiss the case or get the case started in High Court? What type of petition should be filed?