**1** IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR J U D G M E N T S.B. Civil Regular First Appeal No.150 of 1989 Ram Charan Agarwal S/o. late Shri Kalyan Prasad and Others VERSUS Dr. Haemendra Pal son of Shri Ranjit Pal. Date of Order :::: 19th January, 2010. Hon'ble Mr. Justice Dalip Singh Mr. D.K. Dixit, on behalf of Mr. A.K. Bajpai, Counsel for the plaintiff-appellants Mr. Ravindra Pal Singh, on behalf of Mr. J.K. Singhi, Counsel for defendant-respondent *** By the Court : Heard learned counsel for the parties. On 08.12.2009 an information was given on behalf of the respondent that the sole respondent has died. The appellants had moved an application on 13.01.2010, wherein the fact of death of the sole respondent has not been disputed and the appellants stated that on inquiry being made, it was revealed that the sole respondent died somewhere in the month of June/July, 2005. However, it is contended by the learned counsel that the appellants did not know about the death of the respondent, who is said to have **2** shifted to Jaipur from Karauli and the appellants being residents of Karauli did not know the whereabouts of the deceased respondent or his heirs. In view of the fact that undisputedly the sole respondent having died in the month of June/July, 2005 as per the information received by the appellants and no application for substitution having been filed, the appeal stands abated by operation of law. Liberty, however, is given to the appellants to move an application duly supported by an affidavit under Order 22 Rule 9, C.P.C. for setting aside the abatement stating the grounds and for impleading the legal representatives by substitution in place of the deceased respondent. At present, the appeal having been abated is accordingly consigned to record and stands disposed of. As stated above, liberty is granted to the appellants for moving an application for setting aside the abatement and restoration of the appeal. The appeal stands disposed of as above. The application, which has been submitted by the appellants on 13.01.2010 stands disposed of in the manner indicated here-in-above. (Dalip Singh), J. Ashok/