( 1 ) THIS second appeal is by original defendants 7 and 8 against the decree passed by the Civil Judge, Raichur, in RA. 125 of 1973, affirming the decree passed by the Munsiff, Raichur, in OS. 100 of 1967.

( 2 ) THE relevant facts for the disposal of this appeal may, briefly be stated as follows: After the suit was instituted by the plaintiffs against the defendants, the 5th defendant, who was set ex-parte,, died. About two years after his death, an application was made by the plaintiffs on the 4th of Sepr, 1973 under Or. 22, R. 4 (4) CPC praying that the plaintiffs be exempted from the necessity of substituing the legal representatives of the deceased 5th defendant, who has been declared ex-parte. The same day, the learned Munsifi made an order allowing the said application. The suit was ultimately decreed by the Court of first instance, which decree has teen affirmed on appeal by the learned Civil Judge. It is the said decree that is challenged by defendants 7- and 8 in this second appeal.

( 3 ) THE only contention urged by Shri Murlidhar Rao, learned Counsel appearing for the appellants, is that the Court of first instance committed an error of law in allowing the application o

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