RSA No. 398 of 2008 6.7.2011 Present: Mr. B.K. Malhotra, counsel for the appellants. Mr. M.S. Guleria, counsel for respondents No.4 and 6. CMP(M) No.639 of 2009 1. This is an application for bringing on record the legal representatives of respondent No.2 Brij Mohan Dewan died on 8.4.2009, leaving behind legal representatives mentioned in paragraph-2 of the application. The application is supported by an affidavit and is within time. The legal representatives of respondent No.2 mentioned in paragraph-2 of the application are taken on record. Application stands disposed of. CMP(M) No.77 of 2011 2. This is an application for bringing on record the legal representatives of appellant No.5 Kanha died on 27.10.2010, leaving behind legal representatives mentioned in paragraph-2 of the application. The application is supported by an affidavit and is within time, accordingly application is allowed and legal representatives of appellant No.5 mentioned in paragraph-2 of the application are taken on record. CMP No.62 of 2011 and RSA No.398 of 2008 3. It has been stated in the application that respondent No.5 Bhikham Ram has died. The death certificate of Bhikham Ram indicating his date of death has also been annexed with the application. The respondent No.5 Bhikham Ram had died when the matter was pending in the lower appellate Court. The abatement of the proceedings is to be considered by the Court where the death of party has taken place. In the present case respondent No.5 Bhikham Ram had died on 27.11.2006 when the matter was pending before lower appellate Court. In these circumstances, the question of abatement of the appeal will be considered by the lower appellate Court. Hence, the impugned judgment and decree are set aside and the case is remitted to the lower appellate Court, who shall consider the question of abatement of the appeal in accordance with law and if so required, shall decide the appeal afresh after hearing of the parties. The parties through their learned counsel are directed to appear before lower appellate Court on 5.8.2011. The record be sent back to the lower appellate Court, so as to reach before the date fixed. All the pending applications are also disposed of. July 6, 2011 ( Kuldip Singh ) (sks) Judge