S.B.CIVIL SECOND APPEAL NO. 22/2008 The State of Rajasthan and another. Versus. Radhyashyam Jangid (since deceased) through his legal representatives 12/08/2008 HON'BLE MR.JUSTICE ASHOK PARIHAR. Mr. SN Gupta, for the appellants. Mr. CP Sharma, for the respondents. Suit for declaration and permanent injunction was filed on behalf of plaintiff-respondent-Radhyashyam Jangid (since deceased) challenging the show cause notice as also the punishment order by which he was reverted to the lowest pay of the pay-scale of “Bhoo Mapak”. There is no dispute that the above post is lowest in the cadre. The suit was decreed by the trial court vide judgment and decree dated 28/05/2001. The above judgment and decree passed by the trial court was challenged by the defendants-appellants. However, during pendency of the appeal before the lower appellate court, the concerned plaintiff employee died on 12/07/2003. An application under Order 22 Rule 4 was filed by the defendants-appellants before the lower appellate court on 21/08/2004 along with an application under Section 5 of the Limitation Act. The lower appellate court on the basis of the averments on record, came to a find that the defendants-appellants had already come to know about the death of the plaintiff-employee on 04/09/2003 itself whereas the application for bringing his legal representatives on record had been filed on 28/01/2004. In absence of sufficient reasons given for delay in filing the application the lower appellate court vide order dated 03/08/2007 while rejecting the application also dismissed the appeal as having abated. After hearing counsel for the parties, I have carefully gone through the material on record. On the basis of findings of fact, since after due consideration proper discretion has already been used by the lower appellate court, in the facts and circumstances, no further interference is called for by this Court, moreso, when no substantial question of law arises. The appeal is dismissed accordingly as having no merits. (Ashok Parihar), J.