JUDGMENT

B.N. Agrawal, J.-Leave granted.

2. Order impugned in this appeal has been passed by a Division Bench of the Jharkhand High Court in Letters Patent Appeal upholding order passed by learned Single Judge whereby regular First Appeal filed by the defendants against decree passed in a partition suit involving approximately 116 acres of land allowing claim of the plaintiffs has been disposed of holding that the entire appeal has become incompetent as during the pendency of the appeal, appellant No.2-Kashinath Sao (defendant No. 2), appellant No.3. Buchua Devi (defendant No.3), appellant No.22-Guru Dayal Sao (defendant No. 19) and appellant No. 41-Ugni Devi (defendant No. 35) expired and as no steps for substitution of their heirs and legal representatives were taken within the time prescribed, the same abated and application for substitution of their heirs after setting aside abatement and condonation of delay was rejected after recording finding that no sufficient cause was shown either for condonation of delay or setting aside abatement.

3. The short facts are that when First Appeal No. 307 of 1989(R) was listed for hearing, appellants counsel wrote a letter intimating the