JUDGMENT:- Special leave granted.

2. One Shrikishan son of Surajmal Vaishya was the sole respondent in Civil Second Appeal No. 256, of 1976 on the file of the High Court of Madhya Pradesh. Jabalpur, Gwalior Bench. The sole respondent died on April 19, 1980. Surprisingly, Raj Kumar, who is the present respondent, himself applied by IA No. 1980/81 stating that he may be impleaded as an heir and legal representative of the deceased respondent. he being the adopted son of the deceased respondent or in the alternative he is the sole legatee under the last will and testament of the deceased. This application was made, to the Court an July 1, 1981. Immediately thereafter on July 15, 1981 I. A. No. 2110/81 was moved on behalf of the appellants for substitution. It was averred therein that the appellants came to know about the death of the respondent only when the so-called adopted son of the sole respondent moved an application No. 1980/ 81 on July 1, 1981 stating that the respondent has died on July 1, 1981. Thereafter they made inquiries about the heirs and legal representatives of the deceased respondent and learnt that he died without leaving behind him any heir and his property has esc