IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.331 of 1981 Pato Kuer Versus Dulhin Lachhmina Devi ----------- 43. 21.07.2011 Since nobody was appearing on behalf of the appellant, direct notice was sent to the sole appellant for engaging another Advocate. This notice was sent as far back as in the year 1999. Nobody is appearing on behalf of the appellant. The learned counsel for the respondent is present. It appears that this appeal has abated as against the heirs of the deceased respondent nos.3,6 and 12 in view of the order dated 21.04.1999. The plaintiff’s suit for declaration of title has already been dismissed by the trial court and the appeal has been filed by the plaintiff challenging the said judgment and decree which was contested by the respondent no.3 also who was defendant in the Court below. Since the appeal has abated as against the heirs of respondent no.3 also with heirs of respondent no.6 and 12, this appeal in my opinion is incompetent as abated. Accordingly, this First Appeal is dismissed as abated. Saurabh ( Mungeshwar Sahoo, J.)