- (1.) S. P. Mehrotra, J. A perusal of the Office Report dated 12-4- 2006/3-7-2006 (Item No. I) shows that the notices were issued to the plaintiffs-appellant Nos. 1, 2 and 3 by Registered Post A. D. , to engage another Counsel.
(2.) THE said Office Report further shows that the Registered Envelop wherein the said notice was sent to the plaintiff- appellant No. 1 has been received back with the endorsement to the effect that the plaintiff-appellant No. 1 (Bhawan Chandra Mehra) had expired. As regards the notices issued to the plaintiffs-appellant Nos. 2 and 3, the said Office Report shows that the said notices have been duly served, and the Acknowledgment Cards have been received back. It further appears that Civil Misc. (Abatement/dismissal) Application No. 5499 of 2004, has been filed on behalf of the defendants-respondent Nos. 1, 2 and 3.
(3.) IT is inter alia, prayed in the said Abatement/dismissal Application that the Second Appeal at the instance of the plaintiff-appellant No. 1, be abated, and the Second Appeal at the instance of the plaintiffs-appellant Nos. 2 and 3, be dismissed in view of the Affidavit of Compromise filed as Annexure No. 2 to the Affidavit accompanying the aforementioned Abatement/dismissal Application. The aforementioned Abatement/dismissal Application is accompanied by an Affidavit, sworn by Mehtab Singh (defendant- respondent No. 3) on 12-1-2004.;