IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9743 of 2010 1. DHIRENDRA KUMAR PANDEY S/O LATE KAILASH PANDEY R/O VILL BANDU, P.S.NAUHATTA, P.O.DARANAGAR, DISTT-ROHTAS 2. SURESH KUMAR PANDEY S/O LATE HRIDYANAND PANDEY R/O VILL BANDU, P.S.NAUHATTA, P.O.DARANAGAR, DISTT-ROHTAS Versus 1. JAGDISH KANU S/O LATE RAMDAS KANU R/O VILL BANDU, P.S.NAUHATTA, P.O.DARANAGAR, DISTT-ROHTAS 2. THE STATE OF BIHAR THROUGH THE SECRETARY, LAW DEPARTMENT ----------- 2/ 13/01/2011 Heard learned counsel for the petitioners. The submission is that the present suit is not maintainable as having been filed against a dead person. Had the party been deceased after the institution of the suit the matter would have been different. The respondents are always at liberty to file a fresh suit hereinafter. Having considered the submission on behalf of the petitioners, this Court opines that no person would intentionally file a suit against a dead person and then seek a substitution. The argument on behalf of the petitioners shall only lead to multiplicity of litigations which this Court is not persuaded to encourage. The writ application is dismissed. KC ( Navin Sinha, J.)