JUDGMENT :

Satish K. Agnihotri, J.

The petitioner herein filed a suit for declaration and other reliefs against the 1st to 5th respondents/defendants and late Bhim Raj Pradhan, father of the 6th and 7th respondents and husband of the 8th respondent, who was impleaded as proforma defendant at Sl. No. 6, on 27th May 2014. Late Bhim Raj Pradhan filed written statement on 02nd September 2014. On 20th January 2015, late Bhim Raj Pradhan died leaving behind his sons, 6th and 7th respondents and wife, the 8th respondent herein.

2. The brief facts as projected by the petitioner are that on 17th March 2015, learned counsel, Ms. Yangchen Doma Gyatso, appearing for the proforma defendant 6 informed the petitioner/ plaintiff and the court about proforma defendant’s death on 20th January 2015. As evident from the proceedings dated 17th March 2015, it was averred that the advocate appearing for the plaintiff retired from the suit on personal grounds. The plaintiff and his constituted attorney were informed through the Personal Manager, Mr. M.B. Majhi. The matter was adjourned to 22nd April 2015. On 22nd April 2015, the plaintiff remained absent without having taken any step to bring legal heirs of