IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.3 of 2007 HUSNA ARA KHATOON Versus SHAMSUL HODA KHAN & ORS ----------- 6 29/7/2008 Heard counsel for the petitioner. In the opinion of this Court the application allowing substitution by the court below in the impugned order does not suffer from any material irregularity or jurisdictional error. It is not the case of the petitioner that the suit could have abated as a whole after death of defendant no.2, in as much as, wife of defendant no. 2 was already on records. Therefore, if the right to sue had survived, the approach of the court below in allowing substitution even after expiry of period of limitation was not unjustified muchless a jurisdictional error. Accordingly, there is no merit in this application and the same is dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar