IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.724 of 1995 1. MD.SAMIULLAH 2. MD. ZAFARULLAH, BOTH SONS OF LATE ABZUL AZIZ, R/V ARWAL WASILPUR, P.S. ARWAL, DISTRICT JEHANABAD----------PLAINTIFFS-APPELLANTS. Versus 1. ZONAL MANAGER,BANK OF INDIA, CHANAKAYA PLACE, IST FLOOR, BIRCHAND PATEL MARG, PATNA-800001 2. BANK OF INDIA, THROUGH ITS BRANCH MANAGER, HOLDING POWER OF ATTORNEY, ARWAL BRANCH, AT & P.O. ARWAL, DISTRICT JEHANABAD ------PRINCIPAL DEFENDANTS-RESPONDENTS. 3. MD. QAMARUDDIN 4. MD. UMAR BOTH RESPONDENT NO. 3 AND 4 ARE SONS OF LATE ABDUL AZIZ, R/V ARWAL WASILPUR, P.S. ARWAL, DISTRICT JEHANABAD ---------PROFORMA DEFENDANTS-RESPONDENTS ----------- 09. 06.03.2009. As the contesting respondent nos. 3 and 4 are already dead and there is no substitution petition in spite of repeated indulgence granted to the appellants to substitute them. In the circumstances, the appeal has become incompetent and the same is dismissed. Rajesh/ (V.N.Sinha, J)