Hon’ble S.P. Mehrotra, J.—A perusal of the Office Report dated 12.4.2006/3.7.2006 (Item No. 1) shows that the notices were issued to the plaintiffs-appellants No. 1, 2 and 3 by Registered Post A.D., to engage another Counsel.

2. The said Office Report further shows that the Registered Envelop wherein the said notice was sent to the plaintiff-appellant No. 1 has been received back with the endorsement to the effect that the plaintiff-appellant No. 1 (Bhawan Chandra Mehra) had expired.

3. As regards the notices issued to the plaintiffs-appellants No. 2 and 3, the said Office Report shows that the said notices have been duly served, and the Acknowledgment Cards have been received back.

4. It further appears that Civil Misc. (Abatement/Dismissal) Application No. 5499 of 2004, has been filed on behalf of the defendants-respondents No. 1, 2 and 3.

5. It is, inter alia, prayed in the said Abatement /Dismissal Application that the Second Appeal at the instance of the plaintiff-appellant No. 1, be abated and the Second Appeal at the instance of the plaintiffs-appellants 2 and 3, be dismissed in view of the Affidavit of Compromise filed as Annexure No. 2 to the Affidavit accompanying the aforementioned Abatement/ Dismissal Application.

6. The aforementioned Abatement/ Dismissal Application is accompanied by an Affidavit, sworn by Mehtab Singh (defendant-respondent No. 3) on 12.1.2004. It is, inter alia, stated that in the said Affidavit accompanying the aforementioned Abatement/Dismissal Application that the plaintiff-appellant No. 1 (Bhawan Chandra Mehra) died on 17.6.1993, and that no Substitution Application has been moved for bringing on record the heirs and legal representatives of the plaintiff-appellant No. 1.

7. Photostat copy of the death certificate dated 18.6.1993 in respect of Bhawan Chandra Mehra, son of Sri Chandra Mehra, has been filed as Annexure 1 to the said Affidavit.

8. Sri A.K. Sachan, learned Counsel for the defendants-respondents states that in fact the correct name of the plaintiff-appellant No. 1 was Bhagwan Chandra Mehra, son of Sri Chandra Mehra but it has incorrectly been described as Bhawan Chandra Mehra in the Memorandum of Second Appeal.

9. It is, inter alia, further stated in paragraph No. 3 of the said Affidavit accompanying the aforementioned abatement/Dismissal Application that compromise has been made with the defendants-respondents, and the Affidavit of Compromise in regard to the same, sworn before the Public Notary on 12.12.2003, is being filed as Annexure-2 to the said Affidavit accompanying the aforementioned Abatement/Dismissal Application.

10. A perusal of Annexure 2 shows that the same purports to be an Affidavit, sworn jointly by Lakshman Chandra Mehra, son of Bhagwan Chandra Mehra and Purshottam Chandra Mehra, son of Bhagwan Chandra Mehra on 12.12. 2003.

11. Sri A.K. Sachan , learned Counsel for the defendants-respondents states that the said Lakshman Chandra Mehra is the plaintiff-appellant No. 3 in the Second Appeal, and his name has wrongly been described as Lakshmi Chandra Mehra in the Second Appeal.

12. Sri Sachan further states that the said Purshottam Chandra Mehra is the plaintiff-appellant No. 2 in the Second Appeal.

13. It is, inter alia, stated in the Joint Affidavit, sworn on 12.12.2003, that the said Lakshman Chandra Mehra and Purshottam Chandra Mehra are the sons of Bhagwan Chandra Mehra ; and that both the parties to the Second Appeal have compromised the matter; and that the said Lakshman Chandra Mehra and Purshottam Chandra Mehra would no longer prosecute the Second Appeal; and that the Second Appeal may be dismissed , to which the said Lakshman Chandra Mehra and Purshottam Chandra Mehra would have no objection ; and that the notices to engage another Counsel, sent from the High Court, have been received by the said Lakshman Chandra Mehra and Purshottam Chandra Mehra ; and that as the matter has already been compromised, they have not engaged another Counsel to represent them in