IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.574 of 1985 BIRJA PASWAN, son of late Ram Dhyan Paswan, challa Puranderpur, P.S. at present Jakkanpur, District Patna, Patna G.P.O., Patna- 800001 … Appellant-Defendant Versus SMT. KAKHRANI DEVI, widow of late Shree Dharam Nath Singh, village Sabalpur, P.S. Sonpur, District Saran at present residing at Mohalla Kankarbagh, P.S. Kankarbagh, Patna-1, District Patna … Respondent-Plaintiff ----------- 24. 8.3.2011 Surendra/ No one appears for the appellant. From the record it appears that the sole appellant had died on 15.7.2000 and no substitution petition for bringing his heirs and legal representative has been filed. This appeal, accordingly, has abated for non-substitution of the appellant himself. As a matter of fact counsel for the respondent by filing I.A. No. 9572/2010 has pointed out that the sole respondent Lakhrani Devi had also died on 6.4.2000 and yet no substitution has been made even with regard to the aforementioned sole respondent. It is, thus, clear that this appeal has abated as a whole on account of non- substitution of both the sole appellant and the sole respondent and accordingly, this appeal is dismissed. (Mihir Kumar Jha,J.)