JUDGMENT :- It is admitted by the learned counsel of both the parties that the appellant No. 2 Dr. P. K. Choudhury and the respondents Nos. 2 and 4, namely, Shri Nirmalendu Ghosh Choudhury and Shri Mahendra Ghosh Choudhury and the proforma respondent No. 11 Shri Swandip Kumar Choudhury had died. From the report of the Process Surver submitted on 23-7-1990; it has been revealed that the notices upon the respondents Nos. 2 and 4 could not be served as the said respondents were no longer alive at the relevant time when the process server visited the places where the respondents Nos. 2 and 4, resided. Now, the sole question issues arises as to whether this appeal is abated or not. Before entering into the merits on this particular issue, it will be partinent to know the facts of this case. The facts of the case in a short compass are as follows :

2. The present appellant No. 1 Shri Susanta Kumar Choudhury and the appellant No. 2 Dr. Pradip Kumar Choudhury (now deceased- filed a petition dated 29-6-1984 under Section 276 of the Indian Succession Act, 1925 in the Court of the District Judge, West Tripura, Agartala for grant of probate of the last WILL and testamen