SHANKAR DASS MIMANI Vs. STATE

JUDGEMENT

(1.) THIS application has been preferred by the son of the petitioner accompanied with an application for substituting him as legal heir of the petitioner.

(2.) IT is an undisputed fact that the petitioner died on 11th June, 2009. On 9th July, 2009 when the matter was taken up, the counsel for the petitioner informed about the death of the petitioner and stated that steps would be taken to bring Lrs of the deceased petitioner on record. Thereafter, none appeared for the petitioner and this petition was dismissed for non prosecution on 28th October 2009 by this Court.

(3.) FROM this statement, it is apparent that father's name was being used by the applicant since father was not capable of moving out of the bed for prosecuting the case. The applicant was very well aware of the case and was also aware of the death of his father. The applicant's father had also filed several other cases against the respondents and the applicant had been appearing with counsel in other cases even after death of his father. It is apparent from the reply filed by respondents no.1 and 2 that the son of the petitioner (present applicant) had appeared in complaint case No. 4 of 1985 on 27th September 2010, 16th April, 2010, 21st October 2010 and 16th December 2010 and the same counsel was pursuing the writ petition as well as the complaint.