- (1.) S. P. Mehrotra, J. It appears that consequent to the death of Bishambhar Sahai (defendant-appellant), substitution application being Civil Misc. Application No. 2439 of 1978 was filed for bringing on record the heirs and legal representatives of the said Bishambhar Sahai (defendant-ap pellant ).
(2.) IT may be mentioned that the aforesaid substitution application was filed through Shri M. P. Singh, Advocate (as he then was ). It further transpires that consequent to the elevation of Shri M. P. Singh to the Bench of this Court, notices were issued to the proposed heirs and legal representatives of the said Bishambhar Sahai (defendant-appellant ). The office submitted its report dated 1. 5. 2007 regarding service of no tices on the proposed heirs and legal representatives of the said Bishambhar Sahai (defendant-appellant ).
(3.) HAVING regard to the said office report dated 1. 5. 2007, the Court by its order dated 21. 5. 2007 held service of notices on the proposed heirs and legal representatives of the said Bishambhar Sahai (defendant-appellant) as suffi cient, and further directed the second appeal to be listed for hearing. Pursuant to the said order dated 21. 5. 2007, the second appeal is listed today for hearing.;