IN THE HIGH COURT OF JUDICATURE AT PATNA F.A. No.60 of 2004 UPENDRA KUMAR S/O LATE TEJ NARAIN LAL, R/O VILLAGE-CHATANWARA, P.S.-GAIGHAT, DISTRICT- MUZAFFARUR………PETITIONER………….…….APPELLANT. Versus DRAUPATI KUMARI D/O LAILA KANT CHOUDHARY, R/O VILLAGE-BAIGANI, P.S.BAHERA, DISTRICT-DARBHANGA ..OPP.PARTY………………………………………...RESPONDENT ----------- 15/ 26-Nov-2010 Heard learned counsel for the appellant. Nobody appears on behalf of the Opposite Party who is said to have died on 18.07.2007 without any issue. The appeal arises out of a proceeding under Section 13 of Hindu Marriage Act through which the appellant had sought a decree for divorce. The cause of action no longer subsists in view of death of the wife, the Opposite Party. In that view of the matter, this appeal stands abated due to death of the sole Opposite Party as no cause of action survives. perwez (T. Meena Kumari, J.) (Shiva Kirti Singh, J.)