IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.252 of 2001 CHHAKU CHOUDHARY & ORS Versus RAM SEWAK CHOUDHARY & ORS ------------ 10/ 29.03.2010 On 16.03.2010 when this case was called out for hearing under Order XLI Rule l1 of the Code of Civil Procedure, learned counsel for the appellants stated that appellant no.1 Chhaku Choudhary had died earlier and two of his sons who are his heirs and legal representatives are already on record of the second appeal as appellant nos. 4 and 5 but he wanted to file an application for bringing other heirs who are not on record, although the estate of deceased appellant was represented by his said heirs namely his sons who are already on record of the instant second appeal. However, an adjournment was granted on the request of the learned counsel for the appellants. Today when the case is called out for hearing under Order XLI Rule l1 of the Code of Civil Procedure, no one appears on behalf of the appellants to press this second appeal although learned counsel for the respondents is present. Accordingly, this second appeal is dismissed for non-prosecution. shahid (S.N.Hussain, J)