( 1 ) THIS second appeal is filed by the defendants challenging the judgment and decree dated 29-3-1994 passed by the Additional District Judge, Lahar, District Bhind in Civil Appeal No. 17a/93. By the said judgment and decree the learned Judge has affirmed the judgment and decree dated 30-10-1993 passed by the Civil Judge Class I, Lahar in Civil Appeal No. 250a/90.

( 2 ) THIS appeal is admitted by this Court on the following substantial questions of law:" (1) Whether the application under Order 9, Rule 7 C. P. C. was wrongly rejected by the trial Court holding that it was not maintainable? (2) Whether the suit abated as a whole in the absence of the legal representatives of the deceased defendants buche and Tijore?

( 3 ) THE brief facts of the case are that the respondents-plaintiff filed a suit for declaration of his title in respect of the agriculture land bearing survey No. 327 having an area of 0. 993 hectares. The said suit was filed on 1-5-1986. The notices of the suit wre returned 'as served', and since no one appeared, the defendants were proceeded ex-parte by order dated 9-3-1990. The case was then fixed for recording of ex-parte evidence on 8-5-1990 on th