IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.615 of 1993 MEHANDI HASSAN Versus DR.E.S.GRAY & ORS For the Appellant: Mr. R.K. Dubey, Advocate For the Respondents: Mr. Mukul Sinha, Advocate ……. 11 13.07.2010 On 17.05.2010, while dismissing I.A. No. 4550 of 2010 filed on behalf of the plaintiff-respondent it was noticed that there is averment in paragraph no. 2 of the interlocutory application that the sole appellant Mehandi Hassan had already died on 09.01.2010, however, no steps for substitution of the legal representatives had been taken, therefore, the matter was adjourned till 28th of June, 2010 to enable the appellant to take steps in this regard, failing which, it was noted that appropriate order would be passed with regard to abatement of the case. The matter was again taken up on Ist of July, 2010 and on that occasion also none had appeared on behalf of the appellant, however, the same was adjourned for 5th of July, 2010. On 5th of July, 2010 again none had appeared on behalf of the appellant, however, an affidavit was filed on behalf of the respondent reiterating therein that the sole appellant had already died and in support of his submission - 2 - a copy of the death certificate has been appended. However, again by way of last indulgence, the matter was posted on 12th of July, 2010. Today also when the matter has been taken up, Mr. R.K. Dubey, learned counsel, appears and submits that he has not received any instruction despite several communications to the plaintiff to further prosecute this appeal. In the above view of the matter, since the sole appellant has died, this Court is constrained to hold that this appeal has abated and since neither the legal representatives are on record nor has any step been taken for bringing the legal representatives of the deceased appellant on record, this appeal is dismissed as having abated. However, it is clarified that this Court has not formed or expressed any opinion on the plea of the respondent that the sole appellant has died without leaving any heir. This second appeal, accordingly, stands dismissed. SC (Dr. Ravi Ranjan, J.)