(1.) This is plaintiff s second appeal under Section 100 of CPC. The following substantial question of law was formulated at the time of admission by order dated 18-6-1985 :
(2.) The suit was instituted by State of Madhya Pradesh as plaintiff for declaration that the exparte decree obtained by defendant No. 1 Jai Singh in Civil Suit No. 839 of 1975 on 3-3-1978 against the plaintiff is without jurisdiction and it is not binding on the plaintiff. By this decree a cash allowance of Rs. 100/- per month was granted to defendant No.1 Jai Singh. The suit was filed on 7-10-1980. On 30-6-1982, counsel for the defendant No. 1 submitted an application stating therein that defendant No. 1 Jai Singh has died four months ago. As mentioned in order, dated 30-10-1984 of the trial Court, defendant No. 1 Jai Singh had died on 17-2-1982. An application describing it to be under Order 22, Rule 4 of CPC and Section 5 of the Limitation Act, 1963 was submitted before the trial Court on 25-9-1982 proposing the name of Surendra Singh son of deceased defendant No. 1 Jai Singh as his legal representative by the plaintiff in which these facts were stated.
(3.) The trial Judge, after making an inquiry, by his order dated 30-10-1984 held that there was sufficient cause in not making the application up to 23-8-1982, but he found that there was not sufficient ground for condonation of delay from 23-8-1982 to 25-9-1982 and therefore, rejected the application for bringing on record the legal representative of deceased defendant No. 1. The plaintiff filed an appeal against this order and that was dismissed in motion hearing.