IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.130 of 2007 AVINASH SHARMA Versus SARLA AGARWAL ----------- 11. 26.10.2010 The learned counsel Mr. Madan Prasad Singh appearing on behalf of the sole appellant submitted that the sole appellant Avinash Sharma died one year ago. According to the learned counsel inspite of repeated information to the sons of the appellant, nobody is coming in contact with the learned counsel and, therefore, he is not in a position to pursue the appeal. From perusal of the record, it appears that Avinash Sharma is the only appellant who was defendant No.6 in the court below. Since, according to the learned counsel for the appellant he died one year ago and no substitution application has been filed within time prescribed by law, the appeal has abated. Accordingly this first appeal is dismissed as abated. S.S. ( Mungeshwar Sahoo, J.)