P.K. Balasubramanyan, J.

1. This Second Appeal is filed by the legal representatives of the second defendant in O.S. No. 113 of 1985 on the file of the Munsiff's Court of Payyannur. That suit was filed by respondents 1 to 4 for recovery of possession of the plaint schedule property on the strength of title. The third defendant in the suit resisted the suit for recovery by setting up a tenancy in the first defendant. But judgment dt. 28-2-1989 the Trial Court decreed the suit. The second defendant filed A.S. 99 of 1989 before the Subordinate Judge's court challenging the said decree on 1-8-1989.

2. While the appeal was pending the sole appellant in the appeal, the second defendant died. He died on 8-1-1992. Neither the, counsel for the appellant nor the legal representatives of the appellant brought that fact to the notice of the Lower Appellate Court. The Lower Appellate Court heard the appeal on 17-1-1992. The Lower Appellate Court delivered the judgment in the appeal on 31-1-1992. Since at the time the appeal was heard and decided the appellant before the Lower Appellate Court had died, the Lower Appellate Court could not have proceeded with the appeal on the merits. Withou