The appeal came up for hearing before the learned First Additional District Judge who agreed with the findings recorded by the trial companyrt and accordingly by his judgment and order dated August 4, 1970 dismissed the appeal.
Plaintiff Sital Prasad Saxena preferred second appeal No.
843 of 1984 Appeal by Special leave from the Judgment and Order dated the 23rd September, 1981 of the Madhya Pradesh High Court in Civil Second Appeal No.
Hence this appeal by special leave.
He also moved another application being I.A. No.
One Mahendra Kumar Saxena claiming to be one of the sons of late Sital Prasad Saxena moved an application being I.A. No.
It appears that on the receipt of the report of the trial Court Mahendra Kumar Saxena and other legal representatives of the deceased appellant move an application being I.A. No.
5744 of 1978 under Order XXII rule, 9 CPC requesting the Court that if the appeal has abated for failure to seek substitution within the prescribed period of limitation, the abatement of the appeal may be set aside.
He simultaneously moved another application being I.A. No.
Plaintiff Sital Prasad Saxena preferred civil appeal No.
2722 of 1981 praying for an opportunity to examine another son of the deceased appellant, viz.,
10 of 1971 in the High Court of Madhya Pradesh Jabalpur Bench.
36A of 1970 against that judgment and decree of the trial companyrt in the District Court at Gwalior.
During the pendency of the appeal in the High Court, plaintiff appellant Sital Prasad Saxena expired on February 25, 1976.
5582 of 1978 under Order XXII, rule 3 of the Code of Civil Procedure for substitution of heirs and legal representatives of the deceased appellant with a view to prosecuting the appeal.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
10 of 1971.
D. Gupta and R.N. Poddar for Respondents.
46A of 1969 against 1 Union of India 2 Comptroller and Auditor General of India and 3 Accountant General Madhya Pradesh for a declaration about the status of his post and arrears of salary in respect of the post in which he was entitled to companytinue.
The Order of the Court was delivered by DESAI, J. One Shri Sital Prasad Saxena filed Civil No.
S. Khanduja for the Appellant.
The suit came up for hearing before the 5th Civil Judge Class II, Gwalior who by his judgment and decree dated July 7, 1969 dismissed the suit.
They also filed objections companytroverting the finding recorded by the trial Court.
The trial Court after recording the evidence of the parties submitted the report which in terms included a finding that Mahendra Kumar Saxena had knowledge about the pendency of the second appeal before October 7, 1978, the date on which he moved the aforementioned applications.
