ORDER

1. Leave granted.

2. Lal Singh, son of the respondent who died in harness, had worked as a constable in Gujarat State Reserve Police in the year 1975. He was recruited in the year 1965 as a constable. After his demise, his widow Savitri was granted family pension. She contracted second marriage in 1976. Consequently, the appellant stopped paying pension to the widow. In 1987, the respondent laid the suit in the Court of Additional Senior Sub-Judge, Mohindergarh, Haryana State claiming family pension. The trial court decreed the suit. On appeal, the District Court refused to condone the delay of 107 days and confirmed the decree of the trial court and when second appeal was preferred, the High Court in RSA No. 1660 of 1994 by an order dated 17-12-1994 dismissed it, as usual, in limine. Thus this appeal by special leave.

3. Two questions have been raised in this appeal. First relates to the jurisdiction and the second to the entitlement of the respondent to pension. It is an admitted fact that the deceased Lal Singh served as a constable in the State of Gujarat. Section 20, Code of Civil Procedure, 1908 envisages institution of the suit in the court within whose jurisdiction th