RAM BALAK PRASAD SAH Vs. LAKSHMI NARAYAN GUPTA

JUDGEMENT

(1.) Heard Mr. Shri Nandan Prasad Singh, learned Senior counsel appearing for the appellants and Mr. J.S. Arora, learned Senior counsel appearing for the respondents on the above applications.

(2.) I.A. no.5153 of 2013 was filed on 30/7/2013 on behalf of respondent nos.1(i), 1(ii) and 1(iv) praying that an order be passed regarding abatement of the appeal due to non- substitution of the legal heirs and representatives of respondent no.1(i) Lakshmi Narayan Gupta, respondent no.1(iv) Ashok Kumar and respondent no.1(vi) Sumitra Devi. It was stated therein that respondent no.1(i) died on 30/1/2001, respondent no.1(iv) died on 31/10/2011 and respondent no.1(vi) died on 18/2/2012. More than 90 days having passed since their deaths and the appellants not having taken steps for substitution of the said respondents by their legal representatives, it was prayed that appropriate orders be passed that the appeal had abated as against the deceased respondents and appeal itself had become incompetent.

(3.) It is submitted by learned Senior counsel appearing for the appellants that the instant appeal arising out of the suit for specific performance of contract was preferred against the sole respondent Pavitri Devi. On the death of Pawitri Devi, by order dtd. 17/4/2013, the heirs of Pawitri Devi including respondent no.1(iv) Ashok Kumar were substituted in her place.