IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2177 of 2009 KASHI NATH RAI & ORS Versus YUGAL KISHORE SINGH & ORS ----------- 5 21.9.2010 KHAN A notice was issued to other sides but the same has been returned unserved in respect of Opposite parties 8 to 14 with the report of the process server that these Opposite parties have died. On 12.5.2010 this court granted one month’s time to file substitution petition, failing which the instant application will stand dismissed as against them. However, the per emptory order of this court was not complied with and as such the order has taken its effect as against the heirs of Opposite parties 8 to 14. In this view of the matter, the First Appeal stands restored against other respondents save and except heirs of Opposite parties 8 to 14 of this application. Let the issue whether the whole appeal has abated or not be considered at the time of hearing of the First Appeal itself at the risk of the appellant. (S.P.Singh,J)