IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26311 of 2008 RAM KAWAL DUBEY, SON OF LATE RAMAYAN DUBEY, R/O VILLAGE KARMAINI, P.O. – BHELARI, PURWARI, P.S. NATWAR, DISTT. ROHTAS. ----- PETITONER. Versus 1. THE STATE OF BIHAR 2. RAMJASH DUBEY, SON OF LATE RAMAYAN DUBEY, RESIDENT OF VILLAGE BHURWAL, P.S. DINARA, DISTT. ROHTAS AT PRESENT C/O SRI BALIRAM MISHRA, AT/P.O. AND P.S. BIKRAMGANJ, DISTT. ROHTAS. ------ OPPOSITE PARTIES. ----------- 3. 13.05.2011 Heard the parties. It has been submitted that the sole petitioner is dead and, therefore, the son of the petitioner be substituted in this Misc. Application. On a definite query, this Court has informed that the son of the petitioner was not a party in the court below and the proceedings were concluded without having heard him. Now, since he claims to be an interested party, the property being ancestral property, in my view, he should get an opportunity to be heard afresh. If so advised, the son of the petitioner may approach the Court below for redressal of his grievance. With this observation, the application is disposed off. S.Ali ( Anjana Prakash, J.)