IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.142 of 1994 BISHWANATH BHAGAT Versus RAJ BALLAM BHAGAT & ORS ------------ 06/ 23.02.2010 Office has noted that this second appeal stood abated against respondent nos. 4 and 11 vide order of this court dated 01.07.1999. It appears that there after no step has been taken by the appellant although more than a decade has lapsed. 2. The matter has arisen out of a suit for partition in which the aforesaid deceased respondents were defendants. The partition suit was dismissed by the trial court where after the plaintiff- appellant filed title appeal which was also dismissed by the learned court of appeal below on the concurrent findings of facts regarding previous partition. 3. The law is well settled that all the parties in a partition suit or an appeal arising there from are necessary parties for the disposal of such suit or appeal and if it abates against one of such party, the entire suit/ appeal shall abate. 4. In the said circumstances, this appeal has abated as a whole and accordingly, it is dismissed as having become incompetent. shahid (S.N.Hussain, J)