Heard Mr. A. Nilamani Singh, learned Sr. Counsel being assisted by Mr. A. Bimol Singh, learned counsel for the appellants.

2. None appears for the plaintiff/respondent despite notices.

3. Having been informed of the death of the counsel for the respondent, this Court by order dated 29-8-2001 directed the office to issue notice on the respondent intimating him about the pendency of this appeal and the said notice was made returnable within one month. As per Office note dated 1-9-2001, it appears that notice was issued to the respondents returnable on or before 2-10-2001. Thereafter, Office note dated 9-10-2001 goes to show that the notice to the respondent returned after causing proper service. Since nobody has put in appearance on behalf of the respondent, though notice has been duly served upon them, as per above office notes and on considering the long pendency of this matter from 1988, this Second Appeal being listed for hearing, is taken up today for final disposal in the absence of the respondent.

4. On perusal of the records including various orders, it transpires that no substantial question of law has been formulated in this second Appeal.

5. Upon hearing the learned