IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11910 of 2010 Chanda Devi W/o Late Damodar Prasad Santhalia Niwas Sankarwar Tola, R/o Village-Mokama, P.S.-Mokama, District-Patna. …..Petitioner. Versus 1. The Registrar, Debt's Recovery Tribunal, for the State of Bihar at Patna situated at Bank Road, P.S. Gandhi Maidan, District-Patna. 2. Canara Bank, Main Branch, through its Chief Manager, at South Gandhi Maidan, P.S. Gandhi Maidan, Patna. 3. Dinesh Prasad son of Late Jangli Prasad, resident of opposite Allahabad Bank, B.N. College, Bakarganj Bajaj Home, Makhania Gali, P.S. Pirbahore at Patna. …… Respondents. ----------- For the petitioner : M/s. V. Nath & Shivendra Kumar Sinha, Advocates. For the respondent-Bank : Mr. Ratnesh Nandan Sinha, Advocate. For respondent no.3 : Mr. Shambhu Nath Choubey, Advocate. ---------- 06/ 07.03.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 31.05.2010 passed by the appellate court allowing Appeal Case No.32 of 2008 filed under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 3. Learned counsel for the petitioner submits that Damodar Prasad Santhalia (husband of the petitioner) was one of the respondents in that appeal and had died during the pendency of the appeal, but without substituting his heirs, including the petitioner, the said appeal had been allowed against a dead person. This is a fact which cannot be controverted, hence, the impugned order cannot legally stand in the eye of law. - 2 - 4. Accordingly, this writ petition is allowed and order dated 31.05.2010 passed by the appellate authority allowing Appeal Case no.32 of 2008 is hereby quashed and the appellate authority is directed to take up the appeal afresh and if the appellant of the appeal takes steps for substitution, the same may be decided in accordance with law. Sunil (S. N. Hussain, J.)