JUDGEMENT
Satya Poot Mehrotra, J. -
(1.)LIST has been revised. Learned Counsel for the parties are not present. It appears that consequent to the death of Ghasit (plaintiff -appellant), a Substitution Application being Civil Misc. (Substitution) Application No. 9242 of 1985 (dated 6.7.1985) was filed, inter -alia, praying for striking out the name of the said Ghasit (plaintiff -appellant) from the array of parties in the second appeal, and for substituting in his place, the names of his heirs and legal representatives, namely Raja Ram and Suraj Prasad as the plaintiff -appellant Nos. 1/1 and 1/2, respectively.
(2.)IT further appears that the following applications have been filed consequent to the death of the aforesaid Raja Ram (proposed plaintiff -appellant No. 1/1):
1. Civil Misc. (Substitution) Application No. 147856 of 2003.
2. Civil Misc. (Delay Condonation) Application No. 147857 of 2003.
It is, inter -alia, prayed in the aforementioned Substitution Application No. 147856 of 2003 that the name of the said Raja Ram (proposed plaintiff -appellant No. 1/1) be struck -off from the array of parties in the second appeal, and a note be made that the heir and legal representative of the said Raja Ram (proposed plaintiff -appellant No. 1/1) is already on record as the proposed plaintiff -appellant No. 1/2, namely, Suraj Prasad.
(3.)AS none is present to press the aforementioned application, even when the case has been taken -up in the revised list, there is no option but to dismiss the aforementioned applications for want of prosecution.
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