Satya Poot Mehrotra, J. - (1.) IT appears that consequent to the elevation of Shri Janardan Sahai, who was appearing as the learned Counsel for the defendants -appellants, to the Bench of this Court, notices were issued by Registered Post A.D. to the defendants -appellants to engage another Counsel. By the order dated 10.11.2004 passed by the OSD, service of notices on the defendants -appellants Nos. 2 and 3 was held to be sufficient.
(2.) FURTHER , by the said order dated 10.11.2004, the OSD directed for issuance of fresh notice to the defendant -appellant No. 1 by Registered Post A.D. Office Report dated 27.4.2007 shows that the Registered Envelope, wherein the said notice was sent to the defendant -appellant No. 1, has been returned back undelivered with the endorsement made by the Post -Man on 11.12.2004 that the addressee Narain Das (defendant -appellant No. 1) had expired.
(3.) NO Substitution Application appears to have been filed on behalf of the heirs and legal representatives of the said Narain Das (defendant -appellant No. 1) for being substituted in place of the said Narain Das (defendant -appellant No. 1).;