IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.92 of 1984 SHIVNANDAN SAHU S/O BHOLA SAHU, RESIDENT OF VILLAGE-TEGHRA, PURANI BAZAR, P.S. TEGHRA,DISTRICT-BEGUSARAI. Versus 1.SMT.PUTTI DEVI W/O RADHEY SHYAM SAHU 2.Radhey Shyam Sahu S/O LATE SOUDI SAHU, RESIDENTS OF VILLAGE- TEGHRA, PURANI BAZAR, P.S.- TEGHRA, DISTRICT – BEGUSARAI. 28 18.3.2010 I.A.No.3671 of 2005 No body appears on behalf of the respondents. Heard the learned counsel appearing for the appellant on the interlocutory application being I.A. No.3671 of 2005. This application has been filed for substitution of the legal heirs of the sole appellant, Shivnandan Sahu who died on 3.2.2003. The learned counsel for the appellant submitted that both the parties had compromised in the court below and a compromise application has also been filed but on account of pendency of this first appeal before this Court compromise could not be recorded and, therefore, the heirs of the appellant have filed this application for being substituted in place of the deceased sole appellant. The application became time barred. As such a prayer has been made for condoning the delay in filing the aforesaid application and setting aside any abatement. Considering the above facts and circumstances of the case I am satisfied that the heirs of the appellant were prevented by sufficient cause from not filing substitution petition within time. 2 Accordingly abatement is set aside and the application for substitution of heirs of the appellant is allowed and the heirs of the deceased sole appellant as mentioned in details in paragraph 1 of this interlocutory application, i.e., I.A.No.3671/05 are substituted in place of the sole appellant who have already filed vakalatnama. I.A.No.2186/05 No one appears to press this interlocutory application at Flag ‘A’ being I.A.No.2186/05. Learned counsel for the appellant prays for withdrawal of this first appeal on the ground that the parties have compromised. No body is to oppose the same. Prayer is allowed. The First Appeal is, accordingly,dismissed as withdrawn. AnilKr.Sinha (Mungeshwar Sahoo,J.)