IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.69 of 1997 SRI KEWAL RAI Versus SAKALDIP RAI & ORS ------------ 16/ 23.02.2010 This case was taken up on 16.02.2010 when learned counsel for the respondents submitted that the sole plaintiff- appellant-appellant in the instant appeal had died on 19.10.2008 but no step has been taken by his heirs although more than a year has lapsed. Learned counsel for the appellant sought an adjournment to ascertain the fact and to file necessary application in that regard but even after the expiry of the said period no application has been filed and learned counsel for the appellant submits that he has got no information with respect thereto. In the aforesaid facts and circumstances, there is nothing to disbelieve the statement of learned counsel for the respondents with regard to death of the sole plaintiff who is sole appellant in the second appeal on 19.10.2008. Thus, it is quite apparent that this second appeal has abated much earlier and accordingly, it is dismissed as such. shahid (S.N.Hussain, J)