RSA No. 500 of 2007. 01.07.2011 Present: - Ms. Ruma Kaushik, Addl. A.G. with Mr. J.S.Rana, Asstt. A.G. for the appellant. None for respondents No. 1 to 4, 10 to 12,17,18, 20 and 22 to 25. Mr. O.P. Negi, Advocate vice Mr. V.S. Chauhan, Advocate, for L.R.s 6(a) to 6 (f), 9(a), 26 (a) to 26 (d). RSA No. 500 of 2007 & CMP (M) No. 59 of 2009 & CMP (M) No. 60 of 2009. CMP (M) No. 60 of 2009 is an application for condonation of delay in filling CMP (M) No. 59 of 2009 for setting aside abatement and bringing on record legal representatives of respondent No.9 Shiv Ram died on 18.06.2007. No reply has been filed. I have gone through CMP (M) No. 60 of 2009 which is supported by an affidavit and for the reasons stated in the application, the same is allowed, delay condoned. The legal representative of respondent No.9 Shiv Ram mentioned in paragraph-5 of CMP (M) No. 59 of 2009 is taken on record. Both the applications stand disposed of. CMP(M) Nos. 191, 192, 369 and 370 of 2009. 2. CMP (M) No. 192 of 2009 is an application for condonation of delay in filing CMP (M) No. 191 of 2009 for setting aside abatement and bringing on record legal representatives of respondent No.6 Dhani Ram died on 22.11.2004. CMP (M) No. 370 of 2009 is also an application for condonation of delay in filing second CMP (M) No. 369 of 2009 for setting aside abatement and bringing on record legal representatives of Dhani Ram. CMP (M) No. 210 & CMP(M) No. 211 of 2009, CMP (M) No. 323 & CMP(M) No. 324 of 2009. 3. CMP (M) No. 211 of 2009 is an application for condonation of delay in filing CMP (M) No. 210 of 2009 for setting aside abatement and for brining on record legal representatives of respondent No.26 Ram Singh died on 17.10.2006 leaving behind legal representatives mentioned in paragraph-5 of CMP (M) No. 210 of 2009. 4. CMP (M) No. 324 of 2009 is also an application for condonation of delay in filing CMP (M) No. 323 of 2009 for setting aside abatement and bringing on record legal representatives of respondent No.26 Ram Singh. The impugned judgment and decree are dated 07.05.2007. 5. The respondents No.6 and 26 died when the matter was pending in the lower Appellate Court. The question of abatement on account of death of particular party can be considered only by the Court where the lis was pending when the party died. In the present case, admittedly, respondents No. 6 and 26 died when the matter was pending in learned lower Appellate Court. It is not the case of the parties that legal representatives of respondents No. 6 and 26 are already on record. In view of above, the impugned judgment, decree are set aside. The matter is remitted to the lower Appellate Court who will consider the question of abatement of the appeal on account of deaths of respondents No. 6 and 26 and thereafter, if required, shall decide the appeal on merits afresh. The parties through their counsel are directed to appear before the lower Appellate Court on 26.07.2011. July 1, 2011 (Kuldip Singh), (krt) Judge