IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.244 of 2004 1. Shama Parween, widow of Late Sheikh Md. Jamil 2. Firdaus Jamil minor daughter of Late Sheikh Md. Jamil, through and under the guardianship of her mother and natural guardian, Shama Parween 3. Sheikh Md. Iqbal, son of Late Kalimuddin 4. Julekha Begum, wife of Sheikh Md. Eqbal, All resident of Mohalla-Brahamantoli, (Jakki-Shaheed), P.O. & P.S. Sasaram, District-Rohtas Versus 1. Kallu, son of Sri Siwan, resident of village Ekari P.O. Bilda, District-Fatehpur, at present residing at 133/276, T.P. Nagar, at and District-Kanpur (U.P.) 2. National Insurance Co. Ltd., T.P.Nagar, Kanpur (U.P.) through its Branch Manager, National Insurance Co. Ltd. Branch office at G.T.Road, Annapurna House, At & P.O. Sasaram, Distt. Rohtas. ----------- 11. 15.09.2009 It is stated by learned counsel for the appellants that the appellants do not wish to pursue the matter and for the said reason the order dated 16.9.2008 for getting the name of respondent no. 1, who was the owner of the offending Truck, published in the local Hindi Newspaper published from Kanpur has not been complied with. The respondent no. 1 being a necessary party, the appeal cannot proceed in his absence. In view of the aforesaid statement made by learned counsel for the appellants, the appeal is dismissed. S. Pandey ( Ramesh Kumar Datta, J.)