- (1.) S. P. Mehrotra, J. It appears that Civil Misc. (Abatement) Application No. 240190 of 2006 has been filed on behalf of Shyam Prasad Roy and Sharda Prasad Roy, stated to be the sons of Bishwa Nath Rai (plaintiff- respondent ).
(2.) THE aforesaid Abatement Application is accompanied by an Affidavit, sworn on 2nd November, 2006. It is, inter alia, stated in the said Affidavit that the said Bishwa Nath Rai (plaintiff-respondent) died during the pendency of the Second Appeal on 2nd October, 1988 and that no steps have been taken by the defendant-appellant for substituting the heirs and legal representatives of the said Bishwa Nath Rai (plaintiff-respondent ). In view of the averments made in the aforesaid Abatement Application and its accompanying Affidavit, the Office was directed, by the order dated 4th December, 2006, to submit Report as to whether any Substitution Application had been filed for bringing on record the heirs and legal representatives of the said Bishwa Nath Rai (plaintiff-respondent ).
(3.) PURSUANT to the said order dated 4th December, 2006, the Office has submitted its Report dated 8th December, 2006. A perusal of the said Office Report shows that no Substitution Application has as yet been filed for bringing on record the heirs and legal representatives of the said Bishwa Nath Rai (plaintiff-respondent ).;