IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Regular Second Appeal No.180 of 2008. Date of decision: 19.09.2008. Tarlok Chand & Another …Appellants Versus Krishna Kumari & Others …Respondents Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 For the Appellants: Mr.Ajay Sharma, Advocate. For the Respondents: Ms.Bindiya Sharma, Advocate. Dev Darshan Sud,J. This appeal has been preferred against the judgment and decree of the learned Additional District Judge, Fast Track Court, Kangra at Dharamshala. One of the grounds taken by the appellants herein before the learned Additional District Judge was that the judgment and decree in appeal is against the law as respondents No.6 and 7, Chuhru Ram and Mali Ram, who were defendants No.3 and 4 before the learned trial Court, had died during the pendency of the suit i.e. on 29.1.2004 and 21.6.2005 and the suit was decided on 27.10.2005. In appeal, it was 1 Whether the reporters of Local Papers may be allowed to see the judgement? 2 incumbent upon the Court to have decided as to whether the judgment and decree passed by the learned trial Court is a nullity having been passed against dead person(s). Both the Courts below were duty bound in law to have considered this aspect of the matter. The learned trial Court having committed an error in not considering this fundamental fact, the mistake has been compounded by the fact that the ground having been raised in the appeal is not considered by the learned District Judge. In these circumstances, this appeal is allowed. The judgment and decree is set aside and the matter is remanded to the learned District Judge for decision afresh in accordance with law, in particular, alongwith other grounds which may be urged, to decide as to whether the judgment and decree passed is a nullity as alleged or not. Parties to appear before the learned District Judge, Kangra at Dharamshala on 7th November, 2008. Records of the case be sent back immediately. September 19, 2008 (Dev Darshan Sud) (aks) Judge.