MC 3191/2008 BEFORE HON’BLE MR JUSTICE I A ANSARI This Misc. case has been filed by the applicants, under Order XXII Rule 9 of the CPC, seeking appropriate direction for setting aside abatement of the appeal, n amely, RSA No. 124/2002, on the death of substituted respondent No. 1(b) in the said appeal. Heard Mr. N. Choudhury, learned counsel for the applicants, and Mr. S. B hattacharjee, learned counsel, appearing on behalf of the opposite party. Considering the matter in its entirety and in the interest of justice, t he prayer is allowed. The applicants are allowed to substitute, in the appeal, respondent No. 1(b) (since deceased) by his legal heirs. Let the cause title of the memo of appeal be corrected accordingly. With the above observations and directions, this Misc. case stands dispo sed of.