RSA 194 of 1996. 1.1.2008 Present: Mr. Bhupinder Gupta, Sr. Advocate, with Mr. Janesh Gupta, counsel for the appellant. Mr. Bimal Gupta, counsel for respondents 2 and 3. This is the defendant’s appeal against the judgment of learned District Judge, Sirmaur District at Nahan allowing the plaintiffs’ appeal reversing the judgment and decree of learned trial Court. One of the grounds urged by learned counsel appearing for the appellant is that Ishwar Dutt, who was an appellant in Civil Appeal No. 50-N/13 of 1995/1991 had died when the appeal was pending before learned District Judge and this fact was not considered. Substantial question of law No. 2 has also been framed on this ground. The matter is as such remanded to the learned District Judge for decision /consideration afresh on the ground as to whether the death of Ishwar Dutt who admittedly died when the appeal was pending before the learned District Judge, would result in abatement of the appeal or not? The matter is accordingly remanded to the learned District Judge. Parties will appear before the District Judge on 25.2.2008 for further proceedings. There shall be no order as to costs. The appeal is disposed of and all pending CMPs also shall stand disposed of. January 1, 2008 (PC). (Dev Darshan Sud), J.