RSA 542 of 2006 6.3.2009 Present: Shri Subhash Sharma, Advocate, for the appellants. Shri Ramakant Sharma, Advocate, for respondents 1 to 4. Ms. Leena Advocate, vice Shri G.R. Palsra, Advocate for respondents 10 & 14. Learned counsel appearing for the appellants submits that before the learned Additional District Judge two of the respondents namely Smt. Kaushlya Devi widow of Shri Sardari Lal and Birbal son of Hari Ram died during the pendency of appeal before the learned Appellate Court. It is not disputed before me that their legal representatives were not brought on record by the respondents herein who were the appellants before the learned First Appellate Court. In these circumstances, the judgment of the learned Additional District Judge is set aside. A direction is issued to the learned Appellate Court to be hear the parties afresh and to determine the controversy. The learned Court shall give its findings on the issue as to whether the death of Kaushalya Devi and Birbal, without impleading their legal representatives, renders the judgment as inexecutable and not binding on the rights of appellants. Parites to appear before the learned Additional District Judge, Una on 30th April, 2009. Records, if received, be sent back immediately. The learned Court shall ensure the presence of all the parties before determining the appeal. All miscellaneous application(s) are disposed of. All interim order(s) also stand vacated. March 6, 2009(ms) (Dev Darshan Sud), J.