IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.368 of 1994 SURESH CHANDRA CHOUDHARY, SON OF SITA RAM CHOUDHARY, RESIDENT OF PATAL BABU ROAD, P.S. KOTWALI, DISTRICT – BHAGALPUR. …… DEFENDANT – APPELLANT. Versus 1. BIRENDRA NATH BANERJEE 2. GOURI DEVI, DAUGHTER OF BIRENDRA NATH BANERJEE BOTH RESIDENTS OF FLAT NO. 18, BLOCK – B, BALIGANJ, CIRCULAR ROAD, CALCUTTA ….. PLAINTIFFS-RESPONDENTS. ----------- 09/ 20.3.2009 It is stated at the bar that in the instant second appeal there were two learned counsels, namely, Mr. Parmeshwar Prasad and Mr. Subodh Kumar, Advocates, out of whom, Mr. Parmeshwar Prasad, Advocate died earlier, whereas Mr. Subodh Kumar, Advocate has got no instruction in the instant second appeal. In the aforesaid facts and circumstances, this second appeal is dismissed for non-prosecution. DKS/ (S.N. Hussain, J.)