IN THE HIGH COURT OF JUDICATURE AT PATNA M.J.C. No.1205 of 2007 SMT.SUKNI DEVI Vrs. THE STATE OF BIHAR & ORS. **** /7/ 19.05.2009 I.A. No. 1592 of 2009 Heard the counsel for the petitioner and the counsel representing the substituted legal heirs of respondent no. 5. Respondent no. 5 is the only contesting respondent against whom the petitioner is seeking relief. The writ application (C.W.J.C. No. 5739 of 1988) was dismissed on 29.01.2007. The writ application was filed in the year 1988. After nineteen years, when the writ application was taken up for hearing no one appeared on behalf of the petitioner and, accordingly, this writ application was dismissed. Restoration application has been filed in the year 2007 itself. In the restoration application respondent no. 5, Bhola Singh, has been impleaded as party. When notice was issued to respondent no. 5 then it transpired that he is dead, thereafter, substitution was filed by the petitioner stating that respondent no. 5 died in the year 1996 and substitution petition could not be filed in time as she had no knowledge about the death of respondent no. 5. The proposed substituted legal heirs of respondent no. 5 - 2 - have entered appearance and filed counter affidavit stating that respondent no. 5 and the petitioner are very closely related, residing in the same village and there can be no reason for petitioner to say that she had no knowledge about the death of respondent no. 5. The restoration application is being rejected on this count only that it was filed against a dead person. Otherwise also no case has been made out by the petitioner for restoration of C.W.J.C. No. 5739 of 1988, dismissed for non-prosecution. This restoration application is dismissed. Cp:2/S.A. (Mridula Mishra, J.)