MC 2473/2010 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY Heard Ms B Sarma, learned counsel for the applicant and Mr GP Bhowmick, learned counsel for respondents, except the respondent No.4, who had died in the meanwhi le. The applicant, who is the defendant in Title Suit No.583/2003 by this ap plication is praying for amendment of the memo of appeal by deleting the name of the respondent No.4 from the array of respondents and also for incorporation of another proposed substantial question of law in the memo of appeal contending i nter alia that though the respondent No.4, who was one of the plaintiffs in Titl e Suit No.583/2003, had died during pendency of Title Appeal No.72/2004, where h e was the appellant No.4, his legal heirs have not been brought on record and th ereby the appeal as well as the entire suit has abated. Having heard learned counsel for the appearing parties, the prayer for a mendment is allowed. Name of respondent No.4 is deleted from the array of the re spondents. The applicant is allowed to incorporate the proposed substantial ques tion of law. The amended memo of appeal shall be filed within 10 days i.e. by 19 February 2011, serving a copy to the learned counsel for the respondents. Regis try is directed to amend the cause title accordingly The miscellaneous application stands allowed.