S.N.Pathak, J.

1. This Miscellaneous Appeal is directed against the order passed by Sub Judge, 4th, Motihari, in Title Suit No. 130/95.

2. It transpired from the impugned order that a certificate case no. 26/91-92 was pending against one Jagarnath Singh for realisation of Rs. 50,000/-, the amount of loan taken from the Bihar State Land Development Bank. The plaintiff-appellant is the son of the said Jagarnath Singh and before this Court it was stated by him that neither he was noticed in the concerned certificate case nor he was a party to the same. Therefore, the alleged distress warrant and body warrant issued from the Certificate Officer were illegal. It was further alleged by the appellant that there was no loan taken by Jagarnath Singh and connected papers in this connection in the concerned Bank were forged etc. The court held that Jagarnath Singh, of course, had taken loan and certain part payments were made upto the year 1998, but when the loan remained still due certificate case was filed. So, the plaintiff was liable to pay the remaining amount of loan. However, it transpired from the impugned ordersheet as well as from the memo of appeal that Jagarnath Singh died