IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.410 of 2011 LAKSHMI NARAYAN SINGH S/O LATE HARDEO SINGH, CHAKPOOL, POLICE STATION GOPALPUR, PATNA. VERSUS 1. MOST. CHANDRESHWARI DEVI W/O LATE RAMKISHORE SINHA D/O LATE HARDEO SINGH, CHAKPOOL BHOGIPUR, POLICE STATION GOPALPUR POLICE STATION MITTANCHAK PATNA 2. BASANT SINGH S/O LATE HARDEO SINGH 3. AMIT KIMAR S/O BASANT SINGH 4. SANGAM KUMAR S/O BASANT SINGH 5. MISS SHWETA D/O BASANT SINGH, CHAKPOOL, MITTANCHAK 6. ASHWANI KUMAR S/O LAKSHMI NARAYAN SINGH 7. ANITA DEVI 8. SARITA DEVI 9. BABITA DEVI 10. SAVITA DEVI 11. PINKI KUMARI, ALL DAUGHTERS OF SRI LAKSHMNI NARAYAN SINGH. ----------- 2. 27.06.2011. The petitioner has challenged the order dated 27.10.2010, passed in Title suit no. 279 of 2008 by Sub- judge I, Patna, whereby the petition filed by the plaintiff- respondent under Order 22 Rule 4 and section 151 of the CPC has been allowed and the name of defendant no.8 (Hardeo Singh) was deleted from the plaint. Facts of the case in short is that there was a partition between sons of Hardeo Singh in which the daughters were not made parties. The suit was decreed 2 on the basis of compromise. Now Most. Chandeshwari Devi, one of the daughters of Hardeo Singh filed a suit for her share in terms of the 2005 Amendment in the the Hindu Succession Act. During pendency of the suit, Hardeo Singh father of Chandeshwari Devi died. She consequently filed petition for deletion of father’s name. The learned court allowed the petition. The petitioner submits that substitution petition was bad as other two daughters were not made party. Furthermore, there was no petition for setting aside the abatement. I do not see any merit in petitioner’s contention. The sons of defendant no.8 are already on the record and as such the Doctrine of Representation would come into play and the suit would not abate for non filing of separate application for setting aside abatement. Moreover, none of the daughters has come to this Court being aggrieved by impugned order. The petitioner finally submits that other two daughters have filed an application for being added as party in learned court below. It goes without saying that it would be open for the trial court to dispose of the petition for addition 3 in accordance with law expeditiously. The petition stands disposed of. Shashi. (Samarendra Pratap Singh, J.)