Satya Poot Mehrotra, J. - (1.) IT appears that Civil Misc. (Abatement) Application No. 54825 of 1995 has been filed on behalf of Deena Nath Prasad, stated to be the son of the deceased Ram Nandan (plaintiff -respondent No. 1). The aforesaid application is accompanied by an affidavit, sworn on 1st October, 1995.
(2.) IT is, inter alia, stated in the said affidavit that the contesting plaintiffs -respondents Nos. 1, 2 and 3 had died long back; and that the defendants -appellants have not been taken any steps to bring on record the heirs and legal representatives of the plaintiffs -respondents Nos. 1, 2 and 3; and that in the circumstances, the entire second appeal be dismissed as having abated. Copy of the aforesaid application has been served on Sri M.P. Sinha, learned Counsel for the defendants -appellants on 11th October, 1995.
(3.) SRI M.P. Sinha, learned Counsel for the defendant -appellants states that despite repeated communications having been sent to the defendants -appellants, the defendants -appellants have not contacted him for giving instructions in the matter.;