- (1.) HEARD the learned Counsel for the appellant on the substitution application dated 15-5-97. None appeared for the respondents despite due notice. No date of death of Respondent No. 1 Smt. Gomti has been mentioned in the aforesaid application. Appellant was directed vide order dated 29-11-99 for filing on affidavit in support of the aforesaid application dated 15-5-97 but it has not been filed as yet. During the course of the hearing, the learned Counsel for the appellant expressed his inability to file the aforesaid affidavit.
(2.) IT was further submitted that the respondent Smt. Gomti has died and the appellants are heirs to her, as such, the appeal be allowed. As none appears for the contesting respondent Smt. Gomti as such it would be quite just and proper to obtain the report of the learned trial Court as to the date of alleged death of the respondent Smt. Gomti and about the heirs to her. As such in the Tacts and cir cumstances of this case the learned trial Court is hereby directed to submit the detailed report as to the date of death of the aforesaid deceased respondent Smt. Gomti and about the heirs to her by 1. 4-7-2000. Put up on 14-7-2000. Direction issued. .;