MC 1315/2011 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY The applications aforementioned in succession are for setting aside the abatemen t of the accompanying second appeal for the failure on the part of the applicant herein to substitute the heirs and legal representatives of the deceased respon dent No. 2 therein in time. According to the applicant, the respondent No.2 expi red on 07.10.2007 and for the non-availability of the names and particulars of t he heirs and legal representatives due steps for their substitution in place of the deceased respondent was not possible. It was, eventually, in the month of Ap ril, 2011, that the learned counsel for the respondent No. 2 (since deceased) fu rnished the same. The deceased respondent, as the informations so furnished, dem onstrate that he had left behind the following heirs and legal representatives : - 2(a) Smti. Rubi Sinha, wife of late Indra Sena Sinha, 2.(b) Smti. Pinki Sinha, Daughter of late Indra Sena Sinha 2.(c) Sri Pranab Sinha, Son of late Indra Sena Sinha, -All residents of Village Montrigram, P.O. Kalkalighat, P.S. Patharkandi, Distri ct Karimganj, Assam. The applicant also has cited his various old age ailments to be contributing fac tor for the delay on his part to take necessary steps for the substitution of th e heirs and legal representatives of the respondent No. 2. Whereas, Mr. Dhar has urged the above, Mr. S Sinha, learned counsel for the oppo site party also representing the heirs and legal representatives of opposite par ty No. 2 submits that he has no objection if the prayers made in the application s under consideration, are granted in the facts and circumstances of the case. Upon hearing the learned counsel for the parties and on a consideration of the a verments made in the applications, it is provided as follows: - i) The delay in filing the application for substitution of the heirs and legal r epresentatives aforenamed of the respondent No. 2 in the accompany second appeal is condoned. ii) The abatement of the appeal vis-a-vis the deceased respondent is set aside. iii) The aforenamed heirs and legal representatives of the deceased respondent N o. 2 are brought on record in his place. The Office would make the necessary corrections in the cause title. All the miscellaneous cases are, thus, allowed.