IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1741 of 2011 In Civil Writ Jurisdiction Case No. 16996 of 2010 With Interlocutory Application No. 7944 of 2011 In Letters Patent Appeal No.1741 of 2011. ====================================================== 1. Krishna Devi, W/o Late Mahendra Paswan @ Mahendra Prasad, R/o Village-Nagwan, Police Station- Maner, District- Patna 2. Yogendra Kumar, S/o Late Mahendra Paswan @ Mahendra Prasad, R/o Village-Nagwan, Police Station- Maner, District- Patna 3. Devanand Deepak, S/o Late Mahendra Paswan @ Mahendra Prasad, R/o Village-Nagwan, Police Station- Maner, District- Patna .... .... (Petitioners) ………. Appellant/s Versus 1. Kapoor Chand Paswan, S/o Late Pula Paswan, R/o Village-Bahpura, Police Station- Bihta, District-Patna 2. Lal Mohan Paswan, S/o Late Nathuni Paswan, R/o Village- Bahpura, P.S.- Bihta, District-Patna 3. Nagendra Kumar Vikal, S/o Late Taneshwar Azad, R/o Village- Nagwan, Police Station- Maner, District- Patna 4. Mithilesh Kumar, S/o Late Taneshwar Azad, R/o Village- Nagwan, Police Station- Maner, District- Patna 5. Chandra Jyoti Devi, Widow of Late Taneshwar Azad, R/O Village- Nagwan, Police Station- Maner, District- Patna 6. Ramesh Paswan, S/o Dina Nath Paswan, R/o Village- Nagwan, Police Station- Maner, District- Patna 7. Raj Ballam Paswan, S/o Late Mameshwar Paswan, R/o Village- Nagwan, Police Station- Maner, District- Patna 8. Deo Ballam Paswan, S/o Late Ramchandra Paswan, R/o Village- Nagwan, Police Station- Maner, District- Patna 9. Shiv Ballam Paswan, S/o Late Ramchandra Paswan, R/o Village- Nagwan, Police Station- Maner, District- Patna 10. Bidya Paswan, S/o Late Ramchandra Paswan, R/o Village- Nagwan, Police Station- Maner, District- Patna 11. Sidya Paswan, S/o Late Ramchandra Paswan, R/o Village- Nagwan, Patna High Court LPA No.1741 of 2011 (2) dt.22-11-2011 2 / 3 2 Police Station- Maner, District- Patna .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Satyendra Kumar Sinha and Mr. D.P. Sharma, Advocate. For the Respondent/s : ----- ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 22-11-2011 This Appeal under Clause 10 of the Letters Patent is preferred by the heirs and legal representatives of the writ petitioner against the order dated 4th May 2011 made by the learned single Judge in above CWJC No. 16996 of 2010. The writ petition arose from the order dated 20th April 2010 made by the learned trial judge in pending Title Suit No. 245 of 2004. Learned Advocate Mr. Satyendra Kumar Sinha has appeared for the appellants. He states that the writ petitioner, the husband of the appellant no. 1 and the father of the appellant nos. 2 and 3, died on 3rd January 2011 pending the writ petition. Although the appellants had filed interlocutory application for substitution, the same was not considered and the impugned order has been made against the dead person. Any order made in favour or against a dead person is a nullity. It was the duty of the appellants to see to it that their application for substitution was allowed and the cause title of the writ petition was amended. Be that as it may, as this Appeal arises from the order made in the writ petition arising from the order of the Civil Patna High Court LPA No.1741 of 2011 (2) dt.22-11-2011 3 / 3 3 Court, in view of the opinion of the Division Bench of this Court in the matter of Sheo Kumar Prasad Singh Vs. Upendra Sharma, LPA No. 138 of 2011, decided on 3rd May 2011, and followed by us in several matters, this Appeal shall not lie. For the aforesaid reasons, the Appeal and the Interlocutory Application are disposed of. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)