1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- WRIT MISC APPLICATIO No. 15 of 2008 CHAIRMAN, SHRIGANGA. M.G.B.& ANR V/S GAJENDRA KUMAR SHARMA Mr. RR NAGORI, for the appellant / petitioner Mr. RN UPADHYAY, for the respondent. Date of Order : 22.5.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- It is pointed out by the learned counsel for the applicant that during pendency of the special appeal the deceased respondent had died, and application for substitution of his legal representatives has already been made but somehow accidently or incidently no order came to be passed thereon as the matter was decided in favour of the deceased. In that view of the matter, though the decision has acquired finality but then in the matter of disbursement of benefits to the legal representatives of deceased complications are cropping up. Therefore, the formal defect which has remained is required to be cured, and the name of the deceased be now struck off, and in his place the legal representatives be substituted. The prayer is not opposed by the learned counsel for the legal 2 representatives. Accordingly, the application is allowed. The name of the deceased respondent Gajendra Kumar is struck off, and in his place the legal representatives mentioned in the application are taken on record. This disposes of the application. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /Sushil/