IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19804 of 2010 ARUN KUMAR JHA . Versus BHUPATI NARAYAN JHA & ORS . ----------- 2. 21.04.2011 Heard learned counsel for the petitioner. The petitioner is the plaintiff of Title Suit No. 78 of 2001, pending before the Munsif-II, Madhubani. Defendant no. 1, Krishna Chandra Jha was deceased. Defendant no. 2 asserted that death took place in the year 2003 and no substitution having been filed, abatement took place. The petitioner disputed that the death took place in 2003, asserting that in fact it took place on 28.1.2006 and therefore the substitution application on 19.4.2006 was within time. Counsel for the petitioner finds it difficult to satisfy the Court that the petitioner led any evidence in his substitution application to support the date of death as 28.1.2006 to discard the version of defendant no. 2, that the death took place in 2003. This Court therefore finds no infirmity in the order dated 22.4.2006, at this stage calling for any interference. Counsel submits that the petitioner may be permitted to file a fresh application for substitution along 2 with necessary proof of the date of death. What the petitioner may propose to do or not to do is for him to decide and not for the Court to advice. The application stands dismissed. P. Kumar ( Navin Sinha, J.)