Ravi Ranjan, J.

1. A Division Bench of this Court vide its order dated 12.01.2004 has referred this civil revision for consideration by the Full Bench on the question as to whether on the death of plaintiff No. 12/respondent No. 12 during the pendency of the title appeal filed by the defendants 2nd party against the decree of the trial court, in view of the fact that no application was made within the stipulated period prescribed by law of limitation for substitution of the heirs and legal representatives, the whole appeal had abated or not.

2. Title Suit No. 54 of 1989 was filed by the plaintiffs-respondents-petitioners against the defendants-appellants-opposite parties and the same was decreed on 20.05.1994. The defendants 2nd party preferred Title Appeal No. 9 of 1994. During the pendency of the aforesaid appeal, respondent No. 12 (plaintiff No. 12) was reported to have died. However, a controversy arose with regard to the date and place of the death of the aforesaid respondent, as according to the appellants, he died some time in January 1994, that is, during the pendency of Title Suit No. 54 of 1989 itself, whereas, according to the plaintiffs-respondents Ist party, t