1. Appellants have filed I.A. No. 1924 of 2003 under Order XXII Rule 2 of the Code of Civil Procedure (in short, CPC) stating therein that respondent No. 1 Shri Krishna Kumar Singh died on 28.12.2002 without leaving any surviving son and daughter and his wife had predeceased him. Appellant No. 1 is his Bhabhi and appellant No. 2 is his niece. Similarly, respondent No. 2 is his Bhabht and respondent No. 3 is his niece. The further case of appellants is that respondent No. 2 Smt. Laxmi Devi alias Lakhmina Devi died in the year 2000, the exact date of her death could not be known even after inquiry and her only legal heir is her daughter Smt. Radha Devi who is already on record as respondent No. 3 and to the knowledge of appellants there is no other legal heir of deceased respondents 1 and 2. As all the heirs of respondents 1 and 2 are already on record there is no question of any abatement. Prayer has been made for expunging the names of respondents 1 and 2 from the records as the right to sue survives.

2. By filing counter affidavit to the above petition respondent No. 3 has opposed the prayer of appellants on the ground that no doubt respondent no. 1 Shri Krishna Kumar Sing