A deceased individual cannot file an appeal; representation must be made by a legal heir.

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

24 04-12-2025 M.A. 936 of 2024 was filed by a dead person, namely, Late Rajendra Prasad Kamalia. Since on the date of filing of the appeal, the appellant was dead, it is submitted on behalf of the appellant that it ought to be filed by the son of Late Rajendra Prasad Kamalia, since deceased, namely, Rajesh Kumar Kamalia in representative capacity of deceased Rajendra Kumar Kamalia.

2. Therefore, framing of appeal was not proper in view of Rule 5(b) Chapter 6 of the Patna High Court Rules.

3. The said Rajendra Prasad Kamalia died in the year

4^th of February, 2019 and the application being I.A. No. 2 of

2025 has been filed praying for the above-mentioned relief on

2^nd December, 2025.

4. It is needless to say that an appeal could not be filed by a dead person under the provision of order 41 of the Code of Civil Procedure. Though a judgement can be passed against the dead person if the suit or proceeding governed under the C.P.C is finally heard during the life time the deceased.

5. Be that as it may, we permit Rajesh Kumar Kamalia to continue with the instant appeal and the issue of abatement of appeal shall be considered along with the appeal as a representative capacity.

6. List this matter on 12^th of February, 2026, under the appropriate heading.

(Bibek Chaudhuri, J)