IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.119 of 1994 ------- 1. Sheo Shankar Ray Son of Bhulan Rai 2. Ramji Ray 3. Laxman Ray Both sons of Late Sheo Narayan Rai, 4. Smt. Deorani Devi W/O Ramji Ray All residents of village Baidyanath Tola, P.S. Chandi, District- Bhojpur – Defendants-Respondents- Appellants. Versus 1. Gupteshwar Singh Son of Late Shyam Bahadur Singh, resident of Village and P.O. Bhadwar, P.S.Chandi, Dist. Bhojpur. Plaintiff-Appellant-Respondent. ----------- For the appellants : None For the Respondent : Mr. Mithilesh Kumar Sinha, Advocate ---------- 09. 23.01.2009 On 13.08.2008 when the case was listed for final hearing, the learned counsel for the respondent submitted that the said sole respondent had died in the year 2000 and hence the instant second appeal has abated. On that submission, the learned counsel for the appellants submitted that he had no knowledge about the death of the sole respondent and some time may be given for him to seek instruction. Hence, four weeks time was granted to him to seek instructions. 2. Although, more than five months have lapsed, but neither any application in that regard has been filed on behalf of the appellants, nor any one appears today on behalf of the appellants to make any submission either accepting or contesting the submission of learned counsel for the respondent. However, learned counsel for the sole respondent appears and again submits that the said sole respondent has died as far back as more than eight years back. - 2 - 3. There is nothing to disbelieve the statement of learned counsel for the respondent with respect to his own client. In the said circumstances, due to non-substitution of the heirs of the sole respondent who had died more than eight years back, information of which had also been given to the appellants’ counsel much earlier, this second appeal has abated as a whole and is, accordingly, dismissed. Sunil (S. N. Hussain, J.)