Order against deceased person held unsustainable; court set aside the order and left proceedings open against legal heirs.

An order passed against a person who had already died was held unsustainable because the death certificate showed the person had died before the impugned order was issued, and the legal heirship certificate established the petitioners as the legal heirs. On that basis, the order was set aside as having been made against a deceased person, while liberty was reserved to the respondent to initiate appropriate proceedings against the legal heirs.

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Issues: Whether an order passed against a person who had already died could be sustained.

Analysis: The death certificate placed on record showed that the concerned person had died before the impugned order was issued. The legal heirship certificate also established that the petitioners were the legal heirs. In these circumstances, the order could not be sustained as it had been passed against a deceased person.

Conclusion: The impugned order was unsustainable and was set aside, with liberty reserved to the respondent to initiate appropriate proceedings against the legal heirs.

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