(Re : An application under section 151 of the Code of Civil Procedure filed by Balbhadra Singh and others)

During the pendency of this application for certificate to appeal to the Supreme Court from the appellate decree of the High Court passed in an appeal arising out of a decree in a suit, Jainath Singh, appellant 4, died. An affidavit to this effect was filed on behalf of the respondents on 16-2-72" stating therein that Jainath Singh died more than three years ago. A copy of this affidavit was served on the learned, Advocate for the appellants. Yet no step was taken for substitution of the heirs of deceased Jainath Singh until 1-11-72, when an application for substitution of his heirs mentioned in paragraph 1 was filed. It is stated in paragraph 2 of this application that earlier an affidavit had been filed on behalf of the respondents stating therein that Jainath Singh died more than three years ago but this statement was altogether false. A counter-affidavit has been filed on behalf of the respondents stating therein that the certified copy of the sale deed dated 6-12-68, which was being annexed with the counter-affidavit as annexure I, would show that Balbhadra Singh