(C.M. Application No. 488 (s) of 1998) Submission of learned counsel for applicants-appellants is that respondent no. 8 Bans Lal alias Sri Ram died issue-less on 17.01.1998 leaving behind a brother Raja Ram as heir and legal representative, the respondent no.9 in the present proceedings and therefore, the appellants moved an application for amendment for making an endorsement as 'dead' against respondent no.8 and renumber the array of respondents, as such there is no need to issue fresh notice. On 13.08.2013, the learned counsel for applicants-appellants failed to inform this fact to the Court and notice was issued on the application. It is also submitted by learned counsel for applicants-appellants that respondent no.9 has also died issue less, for which another application has been moved by the appellants, praying that he may be permitted to make an endorsement as 'dead' against respondent no.9.
The prayer of the applicants-appellants is allowed. Learned counsel for applicants-appellants is permitted to make an endorsement as 'dead' against the name of respondent no.9, within a week.
Since the appeal pertains to the year 1993 and the lower court record has not been summoned, this Court directs for summoning of the lower court record. The applicants-appellant may take steps within a week.
List this appeal after expiry of the aforesaid period.
Order Date :- 7.3.2014 Vijay