IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL SECOND APPEAL No. 5 of 2003 SAMSHAD V/S NASEER MOHD. & ORS Mr. RANJEET JOSHI, for the appellant / petitioner Mr. DAYARAM CHOUDHARY & Mr. MANOJ JOSHI, for the respondent Date of Order : 3.11.2006 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the appellant. It was contended that one of the plaintiffs had died in 1991, and his legal representatives has not been brought on record, therefore, the decree could not be passed. In my view, as a matter of fact the decree has been passed in favour of a dead person, and not against dead person, and the learned counsel could not satisfy as to whether the decree cannot be passed in favour of dead person. Therefore, this contention does not hold good. The appeal thus does not involve any substantial question of law. The same is, therefore, dismissed summarily. ( N P GUPTA ),J. /Sushil/