1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.8717/2008 Kanhaiya Lal thorugh his LRs Dinesh Kumar Vs. Girish Kumar & Ors. Date of order :: 05.11.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Deelip Kawadia, for the petitioner. Heard learned counsel for the petitioner. It is submitted by learned counsel for the petitioner that the learned appellate court has dismissed the appeal as abated within 40 days of the death of Kanhaiya Lal whereas application can be filed by legal representatives within 90 days. In this view of the matter, if petitioner files an application for substitution, the same shall be considered in accordance with law by the trial court. With these observations, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-