IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1004 of 2007 MOSSTT. SHEOKALA MISHRA & ANR Versus THE STATE OF BIHAR & ORS ----------- For the Appellants : Mr. Yogendra Mishra, Advocate Mr. Raghunath Kumar, Advocate For Respondents 5 & 6 : Mr. Suraj Samdarshi, Advocate ---------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal --------- Dated, the 3rd September, 2008. The present appellants are legal heirs of Radhey Shyam Mishra (since deceased). Radhey Shyam Mishra was respondent no.5 in the writ petition. Although, it transpires from the proceedings that on 18th December, 1997, steps were ordered to be taken for substitution of respondent no.5 by 19th January, 1998 but no steps seem to have been taken by the writ petitioners (present respondent nos.5 and 6). 2. The Single Judge in the impugned order has observed that respondent no.5 has not appeared and desisted the claim nor any counter affidavit has been filed by respondent no.5. When the respondent no.5 was already dead and his legal representatives were not brought on record, question of his appearance before the Single Judge did not arise. - 2 - 3. Since the order has been passed by the Single Judge against a dead person and that renders the order, a nullity, we do not deem it necessary to go into the merits of the rival contentions of the parties. In our considered opinion, the order of the Single Judge dated 29th January, 2007 cannot be sustained and the matter has to go back to the Single Judge for fresh consideration. 4. We, accordingly, dispose of the appeal by following order: - (i) Order dated 29th January, 2007 is quashed and set aside and the writ petition (C.W.J.C. No. 6125 of 1988) is restored to original file. (ii) The present appellants shall be treated to have been substituted in place of respondent no.5 (Radhey Shyam Mishra). (iii) Amended cause title shall be filed by the petitioners in the writ petition accordingly. 5. L.P.A. stands disposed of. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-