( 1 ) THESE applications have been filed consequent upon the death of Defendant No. 2 on 17/12/2001. On 30/3/2001, this Court had ordered Dasti notice to the non-applicants through counsel, returnable on 16/7/2001. An application for amendment, which counsel for the parties state is yet to be disposed of, had been filed by the Plaintiff to implead, inter alia, the wife, and now widow of Defendant No. 2. Although steps were taken for serving her, these steps remained futile. In the proceedings held on 8/3/2002, it was recorded that the summons issued to the wife of Defendant No. 2 have been received back unserved with the Report that she was not found/living at the given address and the house was found locked. Hon ble Mr. Justice J. D. Kapoor had observed that " though there is a presumption of service but as a matter of precaution let their service be effected by affixation and at the conspicuous place of the Court House". The relevance of mentioning these Orders is that the case was listed before the Court on several occasions between December, 2001 and July, 2002, and yet the Court was not informed of the death, even though the dispute remained active and notices we