JUDGMENT N.D. Ojha, J. - This appeal has been put-by with an office report dated 24th November, 1980, that even though time allowed by the court has expired no steps have been taken in respect of decreed respondent no. 1 and unserved respondent no. 9. On 2nd April, 1980, counsel for the respondents made a statement that respondent no. 1 had died long ago. Counsel for the appellant was granted three weeks time to take necessary steps in this behalf. Respondent no. 9 was also not served but no steps were taken by the appellant in this regard. On 24th October, 1980 three weeks time and no more was granted to the appellant to take steps to substitute the legal representatives of deceased respondent no. 1 and to serve respondent no. 9. Even then no steps were taken as is apparent from the office report dated 24th November, 1980. The appeal is accordingly held to have abated as against respondent no. 1 is dismissed as against respondent no. 9 for want of prosecution. 2. The suit giving rise to this appeal was filed by the appellant for declaration and refund of money against one Raghubar Dayal. It appears that Raghubar Dayal died and the respondents were substituted as his legal representatives. With the dismissal of the appeal as against one of the legal representatives of Raghubar Dayal and its abatement as against another the second appeal has obviously become improperly constituted inasmuch as if it is allowed against the remaining respondent it will result in two inconsistent decrees one in favour of respondents 1 and 9 and the other against respondents 2 to 8 all of whom are, as seen above, the legal representatives of Raghubar Dayal. In this view of the matter the appeal cannot proceed even against respondents 2 to 9. 3. In the result the appeal is held to have abated as against respondent no. 1 and is dismissed for want of prosecution as against respondent no. 9. The appeal is also dismissed as against respondents 2 to 8 as having become improperly constituted. In the circumstances of the case there will be no order as to costs.