Satya Poot Mehrotra, J. - (1.) IT appears that Civil Misc. (Abatement) Application No. 7766 of 2007 has been filed on behalf of the defendant -respondent No. 3, inter alia, praying that the second appeal be dismissed as having abated. The aforesaid abatement application is accompanied by an affidavit, sworn on 9th January, 2007.
(2.) IT is, inter alia, stated in the said affidavit that Kharpattu (plaintiff -appellant) died on 15.12.1990; and that the said Kharpattu (plaintiff -appellant) died issueless; and that there is no other heir or legal representative of the said Kharpattu (plaintiff -appellant); and that no substitution application has been filed for substituting the heirs and legal representatives of the said Kharpattu (plaintiff -appellant). Copy of the aforesaid abatement application was served on 9.1.2007 in the Office of Sri Uma Kant, learned Counsel for the plaintiff -appellant.
(3.) IN view of the averments made in the aforesaid abatement application and its accompanying affidavit, the Court, by its order dated 31st January, 2007, directed the office to submit report as to whether any substitution application had been filed on behalf of the heirs and legal representatives of the said Kharpattu (plaintiff -appellant).;