BIND BANSI PRASAD, J.

( 1 ) THIS is an application under Section 151, Civil P. C. , praying that a decree passed by this Court in S. A. No. 1206 of 1946 on 4-1-1949, be set aside. The appeal was by the defendants and the dispute related to a chabutra and a house. It was heard ex parte. It was allowed. The decree of the lower appellate Court was set aside and that of the trial Court restored. On 28-3-1949, one bishwanath who is the son of Manki Ram, the sole respondent in the appeal, made the application which is under consideration. He Sled an affidavit in support of it and it appears from the same that Manki Ram, respondent, had died about 13 months before the judgment and the appellants had taken no steps to bring his legal representatives on the record. The position thus is that long before the date of the judgment by this Court the respondent was dead and none had been brought in his place on the record. Notice of this application was given to the appellants. No counter, affidavit was filed by them. Learned counsel for the appellants was given opportunity several times to get in contact with the appellants. He states that despite the fact that he sent registered letters to the

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