IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1409 of 2006 RAMASHISH RAI @ DHUPLAL RAI Versus KAPILESHWAR RAI & ORS ----------- 2. 17.11.2008 Heard counsel for the petitioner. In the opinion of this Court a mere certificate produced by the defendant petitioner as with regard to the age of defendant no.11 (since dead) from a school could not have led to abatement of the suit, inasmuch as the court below has recorded that there were material to show that he was major. In any event, the cause of action for maintaining the suit clearly having been not based on account of the suit being dismissed against defendant no.11, the alleged minor, even otherwise the impugned order cannot be said to be bad. It is a well settled principle of law that the suit must be decided on merit and not on more technicality. That being so, this Court would not find any merit in this application. Accordingly, this application is dismissed. Dismissal of this application will however never mean that if some independent right of 2 the deceased defendant no.11, the alleged minor, is still surviving he will not be substituted in accordance with law. (Mihir Kumar Jha,J.) Surendra/