IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2076 of 2007 Girdhari Lal Poddar Versus Canara Bank & Ors ----------- 4 27-7-2011 Heard the learned counsel appearing on behalf of the petitioner. By the impugned order the learned court below has allowed the petition filed by the plaintiff for deletion of the name of defendant no.3 from the records of the suit. Admittedly, the plaintiff is a Nationalised Bank and has filed Money Suit No.17 of 1992 against the defendant no.1 , which is a partnership firm and has also impleaded defendant nos. 2 and 3 on the basis that they are the partners of the firm. After notice, the defendant nos. 1 and 2 appeared in the suit and filed their written statement and they have also stated that the defendant no.3 was dead. Thereafter, the plaintiff filed the petition stating that it had come to know regarding the death of defendant no.3 in the month of January 2006 and therefore he prayed for expunging the name of defendant no.3. The defendants on record opposed the said prayer and had submitted that defendant no.3 had died leaving behind a daughter, namely, Prema Devi, and as such non- filing of the substitution petition within the prescribed period had resulted in the abatement of the suit. 2 After hearing the parties, the learned court below has come to the finding that defendant no.3 had been impleaded in the suit not in the individual capacity but as a partner of the firm. Further, the learned court below has held that once the daughter of the deceased-defendant no.3 would become the partner of the partnership firm, the plaintiff of the suit may take steps for impleading her as party. In view of the aforesaid facts, the learned court below allowed the petition filed by the plaintiff and directed to delete the name of defendant no.3 from the plaint. After hearing the learned counsel for the petitioner and considering the impugned order, I do not find any illegality or jurisdictional error in the impugned order and as such this revision application is dismissed. roy ( V. Nath, J.)