IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.257 of 2003 ---- Rameshwar Panjiyar Son of Late Ganesh Panjiyar, Resident of Mohalla Basantganj P.S. Town District- Darbhanga. … Plaintiff-Respondent Ist Party- Appellant Versus 1. Satya Narain Mahto @ Baijnath Mahto @ Baiju Mahto Son of Late Deb Narain Mahto, Resident of Mohalla Basantganj P.S. Town, District Darbhanga. 2. Smt. Geeta Devi Daughter of Late Deb Narain Mahto wife of Suraj Narain, Resident of Mohalla Donar Chowk, P.S. Town, District Darbhanga. … Defendants-Appellants- Respondent Ist Party. 3. Smt. Niro Devi Daughter of Late Deb Narain Mahto Resident of Mohalla Basantganj P.S. Town, District Darbhanga. 4. Smt. Manjoo Devi Daughter of Late Deo Narain Mahto, Resident of Basantganj P.S. Town Disttt. Darbhanga. … Defendant- Respondent- Respondent 2nd Party. ----------- 15. 13.01.2009 I.A.No.11 of 2009 has been filed on 05.01.2009 on behalf of respondent no.1 stating that the sole plaintiff-appellant Rameshwar Panjiyar has died on 13.03.2008, but no petition for substitution has been filed by his heirs and hence the entire appeal has abated due to non- substitution of the heirs of the sole plaintiff-appellant. Learned counsel, who had appeared for the deceased plaintiff- appellant at the time of filing of the second appeal, submits that she had full knowledge of the death of the sole appellant in April, 2008, itself and hence when the case was listed on 18.04.2008 she requested for adjournment so that the heirs may be brought on record. Today, she submits that immediately thereafter in April, 2008 itself, she contacted the heirs of the deceased sole appellant and informed them about the case, whereafter they said that they will come soon, but in spite of that they have not appeared till date and she has no instruction in that regard. - 2 - In the said circumstances, due to the death of the sole plaintiff- appellant and due to non-substitution of his heirs for such a long time, the appeal has clearly abated and is dismissed as such. Sunil (S.N.Hussain,J.)