Sudhir Chandra Verma, R.K. Agarwal, JJ. - (1.) AN application has been filed by' the respondents under Order XXII, Rule 9, C.P.C. to dismiss the appeal as having abated. It has been alleged that the contesting respondent Balbir Singh died on 15.3.1992 and no steps were taken to bring on record the heirs and legal representatives of the deceased within the stipulated period. Now an application has been filed by the appellant to substitute the heirs and legal representatives of the deceased Balbir Singh. The appellant has filed an application under Section 5 of the Limitation Act to condone the delay in filing the substitution application. We may indicate here that the appellant has not denied the date of death of the respondent in the year 1992. There is no prayer for setting -aside abatement of the appeal nor any application to this effect has been filed. In the above circumstances, the appeal abates and is dismissed.;