A. S. NAIDU, J.

( 1 ) THIS Misc. Appeal has been filed under O. 43, R. 1 (u) of the Code of Civil Procedure inter alia challenging the judgment passed in Money Appeal No. 3/1 of 1985/87 by the Addl. District Judge, Bargarh. Learned lower appellate Court set aside the judgment and decree passed in Money Suit No. 10 of 1983 and remanded the suit under O. 23, R. 23, C. P. C. for fresh disposal after affording opportunity to the plaintiff to file succession certificate within a time as would be just and reasonable. For appreciating the case, some of the facts are necessary to be discussed.

( 2 ) ADMITTEDLY, defendant No. 1-appellant took a loan of Rs. 9,601. 00 from the father of the plaintiff (R-1) and pro forma defendants 2 and 3 by executing a pro-note on 19/02/1980. On Fe 11/02/1983 the father of the plaintiff and pro forma defendants 2 and 3, Kora Surna, expired leaving behind the plaintiff and pro-forma defendants 2 and 3 as his sole survivors and legal heirs. Thereafter a notice was issued calling upon defendant No. 1 to repay the loan. As defendant No. 1 failed to do so, Money Suit No. 10 of 1983 was filed in the Court of the then Subordinate Judge, Bargarh for realisation of