ALBERT JOSEPH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) I.A. No. 602 of 2011 has been filed for substituting the legal heir of the sole Petitioner who died sometime in the year 2007-08. The date of death of the Petitioner could not be ascertained as the legal heir is about 9 years of age. The wife of the Petitioner pre-deceased him and the daughter of the Petitioner is the only living heir. Apparently, the minor daughter was adopted by the Petitioner and is now under the guardianship of Manoj Kumar Das by the order passed in Guardianship Case No. 15 of 2008 (Annexure-10).

(2.) Considering that the girl is minor, any delay in filing of the substitution petition is hereby condoned.

(3.) I, accordingly, allow the minor daughter of the deceased Petitioner Ms. Jacinta Albert to pursue this writ application on behalf of her father.