( 1 ) THE plaintiffs have filed this suit for specific performance of contract for sale of a property and in the alternative for recovery of damages. The suit is valued at Rs. 4,90,000. 00 and a court fee of Rs. 7,126. 40p has been paid. The suit was filed in the year 1980. Since then it has been vigorously prosecuted and contested.

( 2 ) THE defendants No. 1 and 2 have been residing in U. K. It is their case in the written statement that they are British passport holders. On 16th July, 1991, the defendant s counsel delivered an information under Order 22 Rule 10 A Civil Procedure Code of Davinder Singh Mehta, the defendant No. 1, having expired on 24th May, 1991. No certificate of death was filed.

( 3 ) ON 29th July, 1991, the counsel for the plaintiff gathered information in the Court, at the time of hearing, that the defendant No. 1, Davinder Singh Mehta had died in U. K. Counsel for defendant No. 1 was directed by the Court to file the death certificate on or before 28. 8. 91. That was not done.

( 4 ) ACCORDING to the facts stated in the application dated 26. 8. 91, (I. A. No. 9594/91 under Order 22 Rule 3 CPC), the plaintiffs made diligent enquiries in the neighbou