M. L. JOSHI, ACTG. C. J.

( 1 ) THIS writ petition has been filed by the petitioner Hemraj under Article 226 of the Constitution of India for issuance of an appropriate writ, direction or order, prohibiting the respondents from recovering the amount of annuity deposit in the sum of Rs. 1,885/-in relation to the assessment year 1964-65 and also for quashing any certificate issued by the Income-tax Officer in that behalf. The petition was filed on 8-1-1976. The petition came up before the then Acting chief Justice and Honble M. L. Jain J. on 27th of January 1976, on which date the Court ordered to issue notice to show cause as to why this writ petition be not admitted. On 18-8-1977 the matter again came in the Court. On that date, the learned counsel for the petitioner informed the Court that the petitioner has died and he asked for granting time to bring the legal representatives of the deceased petitioner on the record. On 3-12-1977 an application was filed by Mr. B. L. Purohit on behalf of the legal representatives. This application was filed under Section 151 C. P. C. In this application it was stated that the petitioner hemraj had died on 9-8-1977 at Jodhpur and so he pr