IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.81 of 1972 GAJADHAR PANDIT & ORS Versus AWADH BIHARI PANDIT & ORS ----------- 34. 26.11.2010 It appears that for non-substitution of the legal representatives of deceased respondent no. 5, the appeal has abated against the legal representatives of the deceased respondent no. 5. From perusal of the record, it appears that this First Appeal arises out of Partition Suit and the appellant no. 9, Manorma Bati when died, the appellants were permitted to prosecute the appeal against the respondent no. 5 on the ground that he is the legal representative of the plaintiff-appellant no. 9. After death of respondent no. 5, no substitution has been made. Since the appeal arises out of Partition Suit and the appeal has abated against the legal representatives of deceased respondent no. 5, in my opinion, the whole appeal has now become incompetent. Accordingly, this First Appeal is dismissed as abated. Saurabh ( Mungeshwar Sahoo, J.)