Patna High Court

Public Health Engineering Department,versusJanardan Tiwari

Decided: 19 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: G ANUPAMA CHAKRAVARTHY

Holding

The court permitted the expungement of the deceased respondent and the amendment of the cause title, and ordered the case to be listed for admission.

Summary

The Management of the Public Health Engineering Department filed a writ petition against its workmen, represented by the P.W.D. Workers Union. During the hearing, counsel for the petitioner informed the court that the General Secretary of the Union, Ashok Kumar Trivedi, had died. The respondent workman, Janardan Tiwari, was represented by counsel Satyendra Krishna Prasad, who also confirmed the death of the Union's General Secretary. The petitioner sought to have the deceased respondent removed from the party list and to amend the cause title accordingly. The court accepted the admission of the death, permitted the expungement of respondent No.1, allowed amendment of the title, and ordered the matter to be listed under the heading “For Admission”.

Issues considered

Can a party who has died be removed from the suit and the cause title amended?
Should the case be listed for admission after such amendment?

Subjects

civil procedure
amendment of pleadings
death of party
admission
high court

Judgment

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.3604 of 2015
               ======================================================
               The Management of Public Health Engineering Department
                                                                   ....    ....   Petitioner
                                                Versus
               Their Workmen represented byy General Secretary P. W. D. Workers
               Union & Anr
                                                                  ....    .... Respondents
               ======================================================
               Appearance :
               For the Petitioner/s       :    Mr. Neeraj Kumar, Advocate
               For the Respondent/s       :
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
               ORAL ORDER


3 06-08-2018                 It is submitted by the learned counsel for the

               petitioner that the General Secretary of P.W.D. Workers Union,

               Patna, namely, Ashok Kumar Trivedi has already died and the

               respondent no.2 Janardan Tiwari is being represented through

               Mr. Satyendra Krishna Prasad, learned advocate and in that view

               of the matter, this case may be listed under the heading for

               admission.

                             Mr. Satyendra Krishna Prasad, learned counsel

               appearing for the respondent no.2 also admitted that the General

               Secretary of the P.W.D. Workers Union (respondent no.1) has

               already died and the award is in favour of respondent no.2, who
       Patna High Court CWJC No.3604 of 2015 (3) dt.06-08-2018
                                                  2




                    is being represented by him.

                                   In view of the admitted position, learned counsel for

                    the petitioner is permitted to expunge respondent no.1 from the

                    party position and amend the cause title in the course of the day.

                                   Put up this case under the heading “For Admission”.



                                                          (Ashwani Kumar Singh, J.)
    Sanjeet/-


U

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