IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.68 of 2003 KESHWAR PRASAD & ORS Versus CHANDRA SHEKHAR DAS ----------- 13. 04.05.2011 When this First Appeal is called out for hearing, the learned counsel, Mr. Sandeep Kumar who was appearing on behalf of the sole respondent submitted that the sole respondent namely Chandra Shekhar Das died on 18.06.2005 but still today, no substitution application has been filed on behalf of the appellants. An affidavit by way of information as required under Order 22 Rule 10A C.P.C. has also been filed. From perusal of the record, it appears that for last many dates, nobody is appearing on behalf of the appellants. Today also, when the appeal is called out for hearing, nobody appears on behalf of the appellants. Since the sole respondent died as far back on 18.06.2005 and no substitution application has been filed, this First Appeal has abated as against the legal representatives of the sole deceased respondent as provided under Order 22 Rule 4 Sub Rule 3 C.P.C. Accordingly, this First Appeal is dismissed as abated. Saurabh ( Mungeshwar Sahoo, J.)