IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WPMS No. 642 of 2003 Bariyam Singh (since deceased) through his Legal Heirs & another ………….….Petitioners. Versus Ashfaq & Others. ………….Respondents. Mr. Bharat Bhushan Tiwari, learned counsel for the petitioners. Mr. Dinesh Gahtori, learned counsel for the respondent no. 1. 27th August, 2008 Hon’ble P.C. Verma, J. This writ petition is directed against the order-dated 28.6.2003 contained in Annexure No. 6 to the writ petition. 2. A perusal of the record available shows that the suit No. 22/108 of 1989-90 Varyam Singh Vs. Uttar Pradesh Sarkar had been filed against a dead person. The suit was dismissed vide order dated 13.5.1993. Thereafter, an appeal was filed, which was allowed on 6.6.1994. Thereafter, respondents filed a Second Appeal before the Board of Revenue, which was allowed on 28.6.2003. Against the said order, the petitioners have come in this writ petition. 3. The suit could not have been dismissed on merit rather should have been abated as it was filed against the dead person. This finding does not affect the petitioners as admittedly the suit was filed against a dead person. All the orders passed by the Court below are quashed. 2 4. Now it is open for the petitioners to file a fresh suit under Section 229-B of the U.P. Zamindari Abolition & Land Reforms Act and the finding recorded by the trial Court as well as by the Appellate Court in this case shall not affect the trial of that suit. 5. Writ petition is disposed of finally. (P.C. Verma, J.) 27.8.2008 Rathour