Hon’ble Rajes Kumar, J.—It appears that respondent No. 1 died on 10.4.2004 during the pendency of the 1st appeal. Since no substitution application was filed and dead person was made party an application for abatement of the appeal against the legal heirs of respondent No. 1 has been filed. Lateron, appellants filed the substitution application on 3.9.2010 on which the Court has issued notices to the proposed legal reprsesenatives of the deceased on 18.11.2011. The notices were sent by ordinary post as well as by registered post and an application for setting aside the abatement application has also been filed on 7.4.2011. In paragraph-3 of the substitution application, it is stated that the counsel for the respondents did not inform the factum of death to the Court as required under Order 22 Rule 10A of the Code of Civil Procedure (herreinafter referred to as “C.P.C.”) and as such the appellants could not know about the death of respondent No. 1. Learned counsel for the respondents informed the deponent about the death of respondent No. 1 on 31.8.2010 and then the deponent enquired about the legal heirs of respondent No. 1 and then filed the substitution application. It is