Ashis Kumar Chakraborty, J.

This application is at the instance of heirs and legal representatives of the sole respondent in the second appeal who died intestate on April 27, 2015. The applicants have prayed for dismissal of the appeal after recording abatement of the appeal on the ground that in spite of the death of the sole respondent, being the plaintiff in the suit for partition, the defendants appellants have not brought her heirs and legal representatives on the records of the appeal.

2. In spite of service of this application on all the defendants appellants it was only the appellant no. 3 who contested this application by filing his affidavit in opposition.

3. Mr. Pradip Kumar Roy, learned counsel appearing for the applicants, contended that a period of 150 days from the date of death of the sole respondent has expired and no application has been filed for substitution of the applicants, in place and stead of their deceased mother by setting aside the abatement of the appeal, after condonation of delay. Thus, he urged that this Court should allow the present application of the applicants by recording abatement of the appeal.

4. Mr. Roy submitted that admittedly in th