Veerendr Singh Siradhana, J.

The matter comes up on an interim application No.6088/2016, instituted under Order 22, Rule 3 (2) read with Section 151 CPC, with a prayer for dismissal the above captioned appeal as having abated.

2. Another application i.e. Interim Application No. 20064/2016, has been instituted under Order 22, Rule 3 CPC, with a prayer to take on record the legal representatives of appellant-Uttamchand Paliwal, who died on 23.05.2016.

3. Having regard to the nature of the controversy raised herein, both the applications are being adjudicated upon by this common order.

4. Learned Senior Counsel, Mr. S. Kasliwal, retreating the stand in the application under Order 22, Rule 3 (2) read with Section 151 CPC, with a prayer for dismissal of the instant appeal for having abated, asserted that Late Shri Narain Lal alone was accorded permission by the Assistant Commissioner, Devasthan, Jaipur, to institute the instant proceedings under Section 38 of the Rajasthan Public Trust Act, 1959 (for short "the Act of 1959").

5. It is further contended that Late Shri Narain Lal, Shri Moolchand, Shri Kesari Chand and Shri Mangilal, were jointly granted permission by the then