Ashis Kumar Chakraborty, J.

These applications have been filed in the second appeal admitted by the Division Bench on July 12, 2002. The first application, CAN 1238 of 2014, is at the instance of the respondent no. 1, the defendant no. 1 in the partition suit, for recording the abatement of second appeal on the ground that four respondents have died and their respective legal representatives have not be substituted in the appeal. The second application, CAN 4204 of 2014 has been filed by the appellant praying for setting aside of the abatement of the appeal against the deceased respondents after condoning the delay and a direction upon the surviving sole respondent to furnish the names and addresses of the legal representatives of the respective deceased respondents.

2. The appellant, a stranger purchaser of a portion the suit property, (jointly owned by the ancestors respondent nos. 1, 2, 4 and 5), filed the suit claiming partition of the suit property. The respondent no. 3, since deceased, also a stranger purchaser of a portion of the suit property was the defendant no. 3 in the partition suit. In the partition suit, the defendant respondent no. 1 filed an application cla