IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8638 of 2011 CHANDRA KALI DEVI . Versus HARNANAN SINGH @ HARI NANDAN S . ----------- 3. 16.05.2011 By means of this writ application, the petitioner has challenged the order darted 18.05.2009 by which the application of the petitioner under Order 1, Rule 10 C.P.C. has been rejected. A suit for partition was filed in which the father of the petitioner was party and he has died after passing of the preliminary decree. The applicant moved the application under Order 1, Rule 10 C.P.C. on misconceived illegal advice as it was out of the plaintiff to have substituted the legal heirs of the deceased defendant, only then final decree can be prepared as real partition cannot be done without substitution of deceased defendant. Thus, I am not inclined to interfere with the order, as the final decree cannot be prepared without substituting the legal heirs of the deceased. Accordingly, this writ application is dismissed. Nitesh ( Prakash Chandra Verma, J. )