JUDGMENT

Tarun Chatterjee, J. —

1. Leave granted.

2. This appeal is directed against the final judgment and order dated 10th of January, 2008 of the High Court of Rajasthan, at Jaipur being S.B. Civil Appeal No. 486 of 2002, whereby the High Court had dismissed the application filed by the appellants for being substituted as legal representatives of one Santok Singh who had died subsequently during the long drawn legal battle between the parties, and dismissedthe Second appeal filed by the appellants as having been abated.

3. The facts leading to the filing of this appeal are stated briefly as under : -

The dispute relates to a shop situated at Madanganj, District Kishangarh, Rajasthan. The appellants belonged to a joint family consisting of Santok Singh, father of the appellants (now deceased), and the appellants namely, Man Mohan Singh and Jaswant Singh. Their third brother namely, Balbeer Singh had already separated during the lifetime of the father of the appellants and he runs his own business.

4. The appellants along with their father were carrying on business of motor spare parts as well as a Kerosene Retail outlet business. On 24th of February, 1997, the respondent filed a