This Letter Patent Appeal arises out of an order passed by the learned Single Judge on 10.09.1997 in F.A.No.2 of 1975, which is the oldest pending Civil Appeal in this Court. Incidentally, this appeal arises out of the suit filed on 16.4.1960, i.e., more than 46 years ago.

2. By virtue of the order impugned in this appeal, the learned Single Judge, inter alia, held that due to expiry of the appellant/defendant Nos-3, 5 and 11, the first appeal will not abet as a whole in the absence of substitution of the legal heirs of those appellants and rejected the preliminary objection raised by the present appellant/plaintiff.

3. We have heard Mr. A. Nilmani Singh ,learned Sr. Advocate assisted by Mr. A.Bimol, learned counsel appearing on behalf of the plaintiff/appellant as well as Mr. L. Sashibushan Singh, learned counsel appearing on behalf of the defendants/respondents ( appellants in the First Appeal).

4. The short question arises for consideration in this appeal is as to whether on the failure to bring on record legal heirs of respondent-appellant Nos-3, 5 and 11, the connected appeal , i.e., F.A. No.2 of 1975 will abet as a whole and whether the other surviving appellan