on record, by its judgment and decree dated 29.04.1980 partly decreed the suit for declaration only holding that the plaintiff is only entitled for 3.56 acres of the suit land. First appeal was preferred by plaintiff-Soni Bai, but during pendency of first appeal, she died and her legal representatives were brought on record. During pendency of first appeal, defendant No.2 – Udaylal also died. Respondents No.1 to 3 herein/legal representatives of the plaintiff moved an application under Order 22 Rule 4 of the CPC for bringing legal representatives of defendant No.2 – Udaylal on record. The first appellate court by order dated 13.08.1998 allowed that application and directed legal representatives of defendant No.2 – Udaylal to be brought on record. In the original memo of appeal, though name of defendant No.2 – Udaylal stands deleted, but names of his legal representatives were not arrayed in the cause title in memo of appeal and thereafter, first appeal was heard and decided finally by the impugned judgment and decree and appeal was allowed in part, against which, this second appeal under Section 100 of CPC has been filed by the appellants/legal representatives of defendant No.1, in which substantial question of law has been formulated by this Court, which has been set-out in opening paragraph of this judgment.
