Judgment

DESAI, J.:- One Shri Sital, Prasad Saxena filed Civil Suit No. 46A of 1969 against 1) Union of India 2) Comptroller and Auditor General of India & 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 continue. 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. Plaintiff Sital Prasad Saxena preferred civil appeal No. 36A of 1970 against that judgment and decree of the trial court in the District Court at Gwalior. The appeal came up for hearing before the learned First Additional District Judge who agreed with the findings recorded by the trial Court and accordingly by his judgment and order dated August 4, 1970 dismissed the appeal. Plaintiff Sital Prasad Saxena preferred Second Appeal No. 10 of 1971 in the High Court of Madhya Pradesh - Jabalpur Bench.

2. During the pendency of the appeal in the High Court. plaintiff - appellant Sital Prasad Saxena expired on February 25, 1976. One Mahendra Kumar Saxena claiming to be one of the sons of late Sital Prasad Saxena moved an application