RSA 165/2003 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Mrs. Bhattacharjee, learned counsel appearing for the appellant has subm itted that though the respondent No.1, who is the main defendant in the suit, ha s expired long back and despite the effort made, no application for substitution of the name of the legal heirs in place of the deceased respondent No.1 has bee n filed. It appears that initially vide order dated 12.08.2011 the prayer allowin g the appellant to file the application to bring the legal heirs of the defendan t No.1 was made though thereafter a number of opportunities were given, no such application has been filed till date. In view of the above, the appeal stands dismissed as abated.