IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.244 of 2005 KIRAWAN RAM @ KIRAWAN BIND & ORS Versus DAL SINGAR RAM & ORS ------------ 10/ 18.02.2010 Respondent no. 9 of the instant second appeal had died much earlier and hence vide order dated 17.11.2009, four weeks time was allowed to the appellants by this court to take steps in that regard subject to law of limitation. However, more than ninety days have passed and the office has noted that no substitution petition with regard to deceased respondent no. 9 has yet been filed. In the said circumstances, this second appeal has abated as against heirs of respondent no. 9. The instant appeal arises out of a suit for partition in which respondent no. 9 was defendant and all the parties to the suit were necessary parties and abatement of the suit against any of the party or his heirs would legally abate the suit or the appeal as a whole. In the said circumstances, this second appeal is abated as a whole and is accordingly dismissed. shahid (S.N.Hussain, J)