Shah, as the sole Petitioner. During the pendency of the writ petition before this Court, the above named original sole Petitioner, namely, Jamuna Das Shah died in the year 2004. However, such fact was not intimated to the counsel appearing on behalf of the Petitioner. He further contended that the legal heirs of above noted original Petitioner were also not aware of the pendency of the above named writ petition. Finally, the writ petition was taken up on 30.08.2016 and the same has been dismissed due to non-prosecution. In the said context, learned counsel for the Petitioner submitted that the counsel who was appearing earlier for the Petitioner had some personal problem as one of his relative died in village and he had to attend the funeral. Hence, the earlier counsel for the Petitioner could not appear before this Court, as a result of which, the writ application has been dismissed for default for a single day default before this Court. Learned counsel for the Petitioner also contended that the aforesaid fact of dismissal of the writ petition for default was neither within the knowledge of the earlier counsel who was conducting the case nor within the knowledge of the legal heirs of the original deceased Petitioner. He further contended that the order dated 30.08.2016 dismissing the writ application is against admittedly a dead person, which is nullity in the eye of law. It was also contended by the learned counsel for the Petitioner that the legal heir of the original Petitioner, namely, Jamuna Das Shah eventually came to know about the aforesaid litigation and the consequently order of dismissal dated 30.08.2016. Accordingly, they were advised by their
