RSA 60 of 2008 27.11.2008 Present: Shri Neeraj Gupta, Advocate, for the appellants. Shri Sanjeev Thakur, Advocate, for the respondent. This appeal has been preferred by the appellants who are the successors in interest of the plaintiff. One of the questions raised in this appeal is whether the learned District Judge had jurisdiction to decide the case since the sole plaintiff Jagdish Chand had died on 29th April, 2006 and his estate was not represented. Appeal before the learned District Judge was instituted by the respondent-defendant on 25th November, 2004 and decided on 21st November, 2006. Primafacie, the appeal of the respondent-defendant would be incompetent as no decree can be passed against a dead person. In these circumstances, this appeal is accepted. The judgment and decree of the learned District Judge is set aside. A direction is issued that appeal be restored to its original number and the same be heard and decided afresh as to whether the death of Shri Jagdish Chand on 24th April, 2006 constitutes abatement of the appeal. For this purpose, he shall grant an opportunity to both the parties to lead evidence in accordance with law. This appeal stands disposed of accordingly. All pending miscellaneous application(s) stand disposed of. All interim orders stand vacated. Parties to appear before the learned District Judge (Forest), Shimla on 16th December, 2008. November 27, 2008 (Dev Darshan Sud), (MS) Judge