- (1.) This is an appeal by the plaintiffs against the order dated 18.11.1996 whereby their application under Order 39 Rule 1 C.P.C. was dismissed.
(2.) Since none appeared on behalf of the appellants, it was put forward to the learned counsel for the respondent as to whether or not the suit is still pending but the learned counsel for the respondent was not in the position to state anything in this regard.
(3.) Therefore, the Deputy Registrar (Judicial) was asked to gather the aforesaid information from the trial court telephonically.;