IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.495 of 2010 1. RAM GOPAL SINGH @ GOPAL PRASAD SINGH S/O LATE NAGENDRA PRASAD SINGH R/O VILL- JAGODIH, PNRA MADAN SINGH, P.S. SARAI, DISTT. VAISHALI 2. REKHA DEVI W/O RAM GOPAL SINGH R/O VILL- JAGODIH, PNRA MADAN SINGH, P.S. SARAI, DISTT. VAISHALI Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY PLANNING AND DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. DISTRICT STATISTICS OFFICER CUM ADDL. DIST. REGISTRAR VAISHALI 4. THE BLOCK DEVELOPMENT OFFICER LALGANJ, VAISHALI 5. RAM NARESH PRASAD SINGH S/O LATE NAGENDRA PRASAD SINGH R/O VILL- JAGODIH, PAURA MADAN SINGH, P.S. SARAI, DISTT. VAISHALI ----------- 02. 08.03.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 2.12.2009 passed by the Principal Secretary, Planning and Development, Government of Bihar, directing cancellation of the death certificate of Late Ram Dhayan Singh, showing his date of death as 20.10.1995 holding that the petitioner had obtained the death certificate showing the date of death as 20.10.1995 by fraud, the institution of a First Information Report and the issuance of the fresh death certificate recorded the date of death as 6.10.1995. The controversy arises in context of a Title Partition Suit No. 448 of 2000 between the legal heirs and claimants of the deceased on a gift deed alleged to have been executed on 18.10.1995. 2 The date of death of Late Ram Dhayan Singh is therefore integrally and inextricably linked up with the issues to be decided in the Partition Suit with regard to the gift deed. If the gift deed has been challenged, quite naturally evidence will have to be led and proved what his date of death was, whether 6.10.1995 or 20.10.1995. The impugned order seems to be prejudging the suit itself. The order dated 2.12.2009 is set aside. The issue of date of death shall abide by the final decision in the suit. The application stands allowed. P.K. ( Navin Sinha, J.)