S.K. Jha, C.J. -- 1. This application is directed against the order dated 9.8.1989 passed by the Ist Additional District Judge to the Court of District Judge, Jabalpur in Civil Suit No. 4-A of 1989. The applicant was the defendant No. 1 in the suit having alleged to have taken a loan from the plaintiff/respondent No. 1 the Union Bank of India, and the original defendant No.2 was one Narayan Prasad Goswami, who is said to be the guarantor and the mortgagor of the secured property. The suit by the respondent No.1 Bank was instituted for recovery of the aforesaid loan alongwith the interest against both the applicant and the deceased Narayan Prasad Goswami (original defendant No.2).

2. By the impugned order, the Court below has merely in one sentence said that the application for substitution of the heirs of deceased defendant No. 2 is allowed since he is dead and the delay is condoned. It is this order which is the subject matter of attack before this Court.

3. The admitted facts are these:

The suit was instituted on 20.1.1988. During the pendency of the suit, on 20th Oct., 1988, the aforesaid Narayan Prasad Goswami, defendant No.2, died. Admittedly again, the plaintiff, respondent