IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.263 of 1972 SK.ZABIRUDDIN . Versus SK. TAIB . ----------- 56. 27.09.2010. The learned counsel, Sri Rajendra Kishore Prasad, appearing on behalf of the appellant submitted that in view of the Order No.54 dated 14.10.2004, the Appeal has already abated as against the heirs of the deceased appellant No. 1(a) and 1 (c). It may be mentioned here that Sheikh Abdulla Gani was the sole appellant in this Appeal. On his death, his 3 legal representative were substituted as appellant No. 1(a), 1(b) and 1 (c). It appears that because of non- substitution of legal representative, the Appeal has abated as against the legal representative of 1 (a) and 1(c) and so far 1(b) is concerned, he is tress-less. Since the Appeal arises out of partition suit and the Appeal has been abated as against the legal representatives of appellant No.1(a) and 1(c), the whole Appeal become now incompetent. Accordingly, this Appeal is dismissed as abated. Sanjeev/- ( Mungeshwar Sahoo, J.)