V. K, Mehrotra, J.—Appellant Ganga Ram instituted suit No. 309 of 1983 for declaration and permanent injunction in respect of certain land situate in village Beru Tappa Balduhak, Tahsil and District Hamirpur. The suit was dismissed by the learned Sub-Judge 1st Class (II) Hamirpur on October 19, 1985. Ganga Ram assailed the decree by filing Civil Appeal No. 183 of 1985 on December 12, 1985.

2. During the pendency of the appeal the defendant-respondent Beli Ram died on December 12, 1986, Though the respondent was represented by a Counsel, no information was given to the Court about it as required by Order 22 Rule 10-A, C.P.C.

3. It was on September 28, 1988, that the learned Counsel for the defendant-respondent, informed the Court about the death of the respondent. The appeal was posted for hearing on that date before the learned District Judge A prayer was made on behalf of the appellant for time to bring the legal representatives of the defendant-respondent on record. The case was directed to come up on November 15, 1988.

4. On that date the Court directed issue of notice to the proposed legal representatives of the deceased on an application under Order 22 Rule 4 C.P.C. which