IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1608 of 2008 PUNYADEO SINGH Versus MAHENDRA SINGH & ORS ----------- 2 22/9/2008 Heard counsel for the petitioner. In the opinion of this Court, there is absolutely no error in the impugned order which seeks to do substantial justice to the parties contesting the proceedings in a partition suit. A partition suit in fact, after preparation of preliminary decree could not have been held to have been abated for non-substitution of the purchasers at the stage of final decree proceedings. Moreover the plea of the petitioners of such death taking place much earlier to the preparation of preliminary decree is also not available to them as they having themselves impleaded the alleged dead persons as party in their appeal are bound by the principles of estoppel by records. In any view the purchasers being only a proper party not a necessary party to the partition suit, their death in no manner could have led to the fatal consequence of abatement of the suit itself. That being so, this Court does not find any merit in this application and the same is dismissed. ( Mihir Kumar Jha, J. ) Abhay Kumar