Sunil Dutta Mishra, J. –

In re: I.A. No. 3 of 2022 :

This interlocutory application has been filed for deleting the names of deceased-appellant Nos. 3 and 4 and respondent No. 1, who died on 19.10.2020, 14.02.2022 and 12.04.2019 respectively and for substituting the name of their heirs and legal representatives in their place in the cause title.

2. It is submitted that heirs of deceased appellant No. 3 may be transposed to the category of respondents at the risk of remaining appellants as the Vakalatnama of the heirs is not available to be filed as they are not presently available at their residence and have gone outside to different City. It is also stated that class II heirs (appellant Nos. 1, 2 and 5) of deceased appellant No. 3 are already on record representing his interest and estate and as such there is no question of abatement or limitation arises when the case of all these parties are common and all are heirs of respondent No. 3 and there is no clash/conflict of interest which is common and not adverse to each other.

3. It is next submitted that the heirs of deceased appellant No. 4 are already on record as appellant No. 1, 2 and 5 as such name of appellant No. 4 is required