THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.4951 OF 2002 ORDER: This writ petition has been instituted by one Sri Mandapati Srinivasa Raju, S/o Sathyanarayana Raju, R/o China Sitaramapuram, Mogalthur Mandal, West Godavari District, for declaring the sale notice dated 07-02-2002, issued by the 2nd respondent – Special Cadre Deputy Registrar / Regional Manager, A.P. Co-operative Housing Society Federation Limited, Vijayawada, as bad in law. The notice of sale of immovable property has been issued in terms of Rule-52 of the Co-operative Societies Rules, on the ground that the father of the writ petitioner, principal borrower, has committed default in payment of a sum of Rs.1,05,505/-, as determined by the 1st respondent. The writ petitioner submits that his father has expired on 05-04- 2000, leaving behind him, his wife, daughter and two sons, where as the Proceedings in terms of Section 71 of the A.P. Co-operative Societies Act, 1964, have been finalized on 25- 01-2001, i.e., afterwards of the death of his father. It is a settled principle of law that no Order or Decree can be passed against a dead person. Steps have got to be taken for bringing on record the legal representatives of the deceased if the cause in the lis survives even after the death. The deceased is said to be an undischarged debtor of the 3rd respondent Society. His estate can be proceeded against for realization of any of his debts due. Therefore, the cause in the lis would survive his death. To cut short the entire litigation, I direct the present writ petitioner herein to be impleaded as a legal representative of the principal burrower, namely, Mandapati Sathyanarayana Raju, and the writ petitioner is also directed to submit, in writing, within a period of three weeks from today, the names and addresses of his mother, his sister and his brother, so that they would also be impleaded to the pending proceedings and the Proceedings under Section 71 of the A.P. Co- operative Societies Act, would be reopened and heard afresh by giving an opportunity to the petitioner as well as the other legal representatives of the deceased Sathyanarayana Raju, and after duly providing them an opportunity of hearing, appropriate decision would be taken in the matter. I, therefore, consider it appropriate to set aside the notice of sale of immovable property, issued in Form No.8 by the 2nd respondent herein, inasmuch as the original decree has been passed against a dead person and hence, is not valid in law. The pending proceedings would however be finalized as expeditiously as possible, by deciding the entire matter, within a maximum period of six months. With this, the writ petition stands disposed of. No costs. --------------------------------- Nooty Ramamohana Rao, J mrk 20th April 2009