IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.428 of 2010 JANKI DEVI Versus THE UNION OF INDIA & ORS. ----------- 2. 28.04.2010 Heard learned counsel for the parties. In this application a prayer has been made to substitute the applicant, Jai Narain Pandey in place of Janki Devi, writ petitioner who is said to have died on 13.4.2007 well before the disposal of the said writ petition on 17.2.2009. Counsel for the petitioner would submit that the fact as with regard to death of sole petitioner on 13.4.2007 was not known. The order passed by this Court becomes a nullity inasmuch as the same has been passed against a dead person. In this context, he relies on the judgment of Apex Court in the case of Amba Bai & Ors. Vs. Gopal & Ors., reported in AIR 2001 SC 2003. In the opinion of this court, once the writ petition was disposed of by the order dated 17.2.2009 same was not dismissed (in result not rejecting the claim of the petitioner), whatever the benefit has emerged out of the said order can be claimed by any of the legal heirs/representative of the petitioner and for that purpose 2 there would be no need to substitute heirs of the petitioner. As with regard to concept of nullity in the eyes of law, this Court would find that in the case in hand, the first appeal had already been abated which is not binding inasmuch as the right of the petitioner pertaining to family pension had still survived even in respect of determination of arrears which can be claimed by the heirs and legal representative of the petitioner as per law. That being so, the prayer made in this case only for substitution and modification in the judgment is wholly misconceived and this application is, accordingly, dismissed. Kanchan (Mihir Kumar Jha, J.)