' SHAFIUR RAHMAN, J.--The Evacuee Trust Property Board was granted leave to appeal against the judgment of the Sind and Baluchistan High Court, dated 11th of December, 1972 affirming the judgment of the Settlement Commissioner, dated 25-10-1969 under section 4(3) of the Displaced Persons (Compensation & Rehabilitation) Act, holding the property in dispute, City Survey No,0/334 in Hyderabad to be not an Evacuee Trust Property or attached to any such property.
2. Ch. Akhtar Ali, Advocate, who represents the legal representative of Ismail respondent No,2, has by an application brought to our attention the facts that respondent No,2 died in November, 1984 and his heir was brought on the record of the Property Register on 15.8-1987 but he has not been impleaded so far. It was also pointed out by the same application that respondent No,1 Haji 1 Ibrahim and respondent No,3 Noor Ahmed, have also died and their legal representatives have not been brought on record. According to Ch. Akhtar the appeal as constituted cannot proceed to a decision.
3. Ch. Fazl-e-Hussain, Advocate, the learned counsel representing the appellant had nothing to say on the factual submissions of Ch. Akhtar Ali.
4. The record of the appeal being improperly constituted and no effort having been made by the Appellant to correct it, the appeal cannot proceed and is dismissed with no order as to costs.