Satya Poot Mehrotra, J. - (1.) PERUSED the office report dated 26.3.2007 regarding service of notices issued to the plaintiffs -appellants by registered post A.D. to engage another Counsel consequent to the elevation of Shri S.R. Mishra, Advocate, who was appearing as the learned Counsel for the plaintiffs -appellants, to the Bench of this Court. The said office report shows that the registered envelopes, wherein the said notices were sent to the plaintiffs -appellants Nos. 1, 2 and 3, have been returned back unserved with the endorsement of the postman dated 26.7.1993 that the addressees had already expired.
(2.) IT is, thus, evident that the plaintiffs -appellant Nos. 1, 2 and 3 expired prior to 26.7.1993. The said office report further shows that no substitution application has been filed on behalf of the respective heirs and legal representatives of the plaintiffs -appellants Nos. 1, 2 and 3. In view of the above, the second appeal at the instance of the plaintiffs -appellants Nos. 1, 2 and 3 stands abated. The plaintiffs -appellants Nos. 1, 2 and 3 were the only appellants in the second appeal. Therefore, the second appeal stands dismissed as having abated.;