IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1544 of 2006 FAIZ MOHAMMAD & ORS Versus MD.SATTAR & ORS ----------- 2 12.12.2008 Heard counsel for the petitioners. In the opinion of this Court, it does not lie in the mouth of the petitioner that the suit had abated due to non-substitution of Md. Lukman specially when it is found that the ex-parte decree was set aside at his instance. The question of abatement of the suit would not arise in this case specially when Md. Lukman was alive during the period the decree was enforce. The Court below thus has not committed any jurisdictional error in rejecting such prayer of the petitioners. That being so, this Civil Revision application is wholly misconceived and is hereby dismissed. Bibhash (Mihir Kumar Jha, J.)