- (1.) Mr. Rabindra Nath Pal, learned advocate appearing for the plaintiffs-respondents, submits that in connection with this appeal an application is filed for taking note of death of the respondent no. 4, who died intestate on September 16, 2011 during the pendency of this appeal. The heirs and legal representatives of the said deceased respondent no. 4 are, already, on record as appellants and the respondents. The said application, filed under C. A. N. 11769 of 2011, is taken up for hearing by consent of the parties by treating the same as on day's list.
(2.) After hearing the learned advocates appearing for the parties and considering the nature of litigation, we take note of death of respondent no. 4 and, further, record that the heirs and legal representatives of the deceased respondent no. 4 are already on record as appellants and respondents.
(3.) The application for substitution, being C. A. N. 11769 of 2011, consequent upon the death of the respondent no. 4 is, thus, disposed of.;