Heard learned counsel for the parties.

2. The appeal (Second Appeal No. 169 of 1980 as registered in Allahabad High Court, which is renumbered as Second Appeal No.107 of 2001) was transferred to this Court under Section 35 of the U.P. Re-organization Act, 2000. In said Section 35, which provides transfer of proceedings from Allahabad High Court to Uttaranchal High Court, words used are 'proceedings pending in the High Court of Allahabad'. Since, the appeal stood abated on 2102-1990, in fact, there was no appeal pending on 09-11-2000, in the matter and the dead proceedings could not have been transferred under Section 35 of the aforesaid Act.

3. This is application No.10898 of 2003 for substitution of legal representatives of the deceased appellant and legal heirs of deceased respondent, moved on behalf of legal representatives of the deceased appellant.

4. From the affidavit filed with the substitution application, it is clear that the defendant / appellant died way back on 23-11-1989, leaving legal heirs Deepak Chand and Sushi / Chand, the present applicants in the substitution application. Paragraph 7 of the affidavit filed by Deepak Chand (one of the applicants) with the a