JUDGMENT

Mathur, J. - This is an execution First Appeal By Har Prasad defendant no. 1, now represented by his heirs, against the order dated 5-1-1963 of the Civil judge of Bijnor, ordering that the amount of court-fee payable by the plaintiff, Smt. Lali alias Umrawati, who was granted permission to sue in forma pauperis, be calculated, and such amount shall be recoverable by the State Government from defendant no. 1 as provided in order XXXIII, rule 10, C. P. C.

2. The order challenged in this appeal does not affect the interest of Smt. Tarawati, respondent No. 3, who has died during the pendency of the appeal. Persons concerned with the order are the plaintiff, defendant No. I and the State Government. Consequently, if any other party is not served or his legal representatives are not brought on the record, the appeal shall not abate. Hence the appeal can be taken up and decided on merits even though the legal representatives of Smt. Tarawati have not been brought on record and, formally speaking, the appeal abates as far as she is concerned.

3. Two points for consideration are whether the State Government is a necessary Party to the appeal and it deserves to be rejected on. the gr