- (1.) S. P. Mehrotra, J. Civil Misc. Application No. 2800 of 1994 (dated 29-7-1994) has been filed on behalf of the defendants- respondents Nos. 1 and 2, inter alia, praying that the Second Appeal be dismissed as having abated.
(2.) THE application is accompanied by an affidavit of Raj Bahadur (defendant-respondent No. 1), sworn on 14-7-1994. In the said affidavit, it is, inter alia, stated that Smt. Bundoo Devi (plaintiff-appellant) expired in the year 1989, but no substitution application for bringing on record her heirs and legal representatives has as yet been filed. The aforesaid application was filed after serving a copy thereof in the Office of Sri M. A. Qadeer, learned Counsel for the plaintiff-appellant on 15-7-1994.
(3.) NO reply has been filed to the aforesaid application, nor has any Substitution Application been filed on behalf of the heirs and legal representatives of the said Smt. Bundoo Devi (plaintiff-appellant ). As will be evident from a perusal of the order-sheet of the case, adjournments have been taken for the last several dates on behalf of the learned Counsel for the plaintiff-appellant, so as to enable the learned Counsel for the plaintiff-appellant to obtain instructions.;