IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL MISC. APPEAL No. 346 of 1997 PRAVEEN KUMAR V/S HEERA LAL & ANR Mr. J GEHLOT, for the appellant / petitioner Mr. RAJESH PANWAR, for the respondent Date of Order : 5.9.2008 HON'BLE SHRI N P GUPTA,J. ORDER ----- It is informed by learned counsel for the appellant that the sole appellant had died about an year ago. Learned counsel for the appellant prays for time to file application for substitution of legal representatives. In my view, since the abatement of the appeal is automatic with the expiry of time, even no formal order is required to be passed for dismissing the appeal as abated. In that view of the matter, since the appeal automatically stands abated, it is dismissed as abated. It is, however, clarified that if the legal representatives have any other remedy available to them, this order does not come in their way. ( N P GUPTA ),J. /tarun/