K.K. Lahoti, J.

1. This is plaintiffs appeal aggrieved by the judgment and decree passed by the 1st Additional District Judge, Rewa in Civil Appeal No. 7-A/1986 dated 21-11-1989, by which the judgment and decree passed by IVth Civil Judge Class-II, Rewa in Civil Suit No. 18-A/1981 dated 21-7-1986 was reversed. The Appellate Court while reversing the judgment and decree of the trial Court dismissed the suit of appellants.

2. This appeal was admitted on 10-7-1990 on the following substantial question of law:

Whether the first Appellate Court was justified in reversing the judgment and decree impugned despite the fact that the judgment debtor Defendant No. 3 Ramkhilawan neither filed any appeal nor made a party to the first appeal?

On 6-3-2002 one more substantial question of law was framed which reads thus:

Could there be any gift of immovable property in favour of Jaypratap Singh (R-l) without execution of a valid gift-deed attested by two witnesses?

3. This matter was heard and decided on 25-6-2002, but the respondents filed an application for recalling of judgment and decree dated 25-6-2002 on the ground that during the pendency of appeal plaintiff Ramavatar died on 12-1-2001, b