JUDGMENT S.P. Mehrotra, J.
1. It appears that Civil Misc. (Abatement) Application No. 198921 of 2005 was filed on behalf of the plaintiff-respondent No. 1.
2. The said application was accompanied by an Affidavit, sworn by Smt. Aziz Fatma (plaintiff-respondent No. 1) on 24th September 2005.
3. In paragraph 2 of the said Affidavit, it is, inter-alia, stated that Manzoor Ali (soledefendant-appellant) died on 17-12-2004.
4. In view of the said averments made in paragraph 2 of the said Affidavit, the Court, by its order dated 7th February, 2006, directed the Office to submit report, as to whether anv Substitution Application had been filed on behalf of the heirs and legal representatives of the said Manzoor Ali (sole defendant-appellant).
5. Pursuant to the said order dated 7th February' 2006, the Office has submitted its Report dated 14th February 2006.
6. From a perusal of the said Report, it is evident that no Substitution Application has as yet been filed on behalf of the heirs and legal representatives of the said Manzoor Ali (defendant-appellant).
7. In view of the above, it is evident that the Second Appeal at the instance of the said Manzoor Ali (defendant-appellant) stands abated. The said Manzoor Ali is the sole defendant-appellant.
8. Consequently, the Second Appeal stands dismissed, as having abated.