D.B.CIVIL SPECIAL APPEAL (W) NO. 1004/2008 State of Rajasthan & anr. v. L.Rs. of Yadram Sharma & ors. Date of order : 16.01.2009 HON'BLE THE CHIEF JUSTICE SHRI NARAYAN ROY HON'BLE MR. JUSTICE H.R.PANWAR . . . Mr. A.S.Rathore, Dy. Govt. Counsel Heard. This appeal is directed against the order dated 02.02.2007 passed by the learned Single Judge of this Court in S.B.Civil Writ Petition no. 5144/2005 whereby and whereunder the writ application was dismissed as abated. It appears that in the writ application Yad Ram was made respondent no.1. After issuance of notice and on receipt of the report of the Process Server it transpired that Yad Ram had died as far back as on 14.8.2000. Even thereafter no substitution application was filed to substitute heirs and legal representatives of respondent no.1. The learned Single Judge of this Court keeping in view these aspects of the matter held that the writ application abated for non filing of substitution application, so far respondent no.1 was concerned. The order passed by the learned Single Judge appears to be wholly justified. The appeal is dismissed. (H.R.PANWAR), J. (NARAYAN ROY), C.J. mathur/