IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 45 of 2009 Decided on : July 27, 2010. State of H.P. & another …Petitioners. Versus Ram Singh & others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Ramesh Thakur, Asstt. AG. For the respondent Mr. N.K.Thakur, Advocate. Surjit Singh, J. (Oral) CMP (M) 634 of 2010. As is being demonstrated from the order in the main petition, the impugned order is patently illegal and without jurisdiction. So, delay in filing the petition is condoned in the interest of justice. Application disposed of. CMPMO 45 of 2009. 2. State had filed an appeal in the Court of District Judge, in which there were 11 respondents, challenging the decree passed by the trial Court. During the pendency of appeal, two of the respondents died. State sought opportunity for taking steps to bring on record the legal representatives of those respondents, but no application was moved. Appellate Court then passed the impugned 1 Whether reporters of Local Papers may be allowed to see the Judgment? - 2 - order, dated 23.9.2008, dismissing the appeal for want of prosecution. Order of the appellate Court is illegal, on the face of it. In case no steps had been taken for bringing on record the legal representatives of some of the deceased respondents, that could not have been a ground for dismissal of appeal for want of prosecution. Appellate Court was required to examine the effect of non representation of the estate of deceased respondents, in the sense, whether on account of their death and non representation of their estate, appeal had abated and if it had abated, whether abatement was in full or in part. Appellate Court had no jurisdiction to dismiss the appeal. 3. In view of the above stated position, impugned order is set aside and the matter is remanded to the appellate Court, with a direction to dispose of the same, in accordance with the aforesaid observations. In case, appellant –State files an application for setting aside abatement, with an application for condonation of delay in filing such an application, the same shall be disposed of in accordance with law. July 27, 2010 (PC). (Surjit Singh), J.