CMP(M) Nos. 530, 531 of 2007 and RFA 71 of 2007. 24.3.2008 Present: Ms. Ruma Kaushik, Addl. AG, for the appellant. CMP(M) Nos. 530, 531 of 2007 These two applications have been made by the State under Order 22 Rules 4 and 9 of the Code of Civil Procedure and Section 5 of the Limitation Act with a prayer that the legal representatives of deceased respondent No. 2 Kunti may be brought on the record of the case. The Death Certificate issued by the Registrar, Births and Deaths, showing that the death had been registered on 12.7.2002 has been placed on record. Averment on affidavit of the Superintending Engineer is that she had died on 20.6.2002. It is undisputed before me that on the date when the reference petition was instituted on 30.5.2003, she was already dead. In this situation, it is not clear as to under what situation her rights have been adjudicated by learned Reference Court. Of course, it was for the claimants – respondents to have satisfied the learned trial Court that her claim subsisted on the day when the reference was filed and that there was adequate representation of her estate. This duty was cast upon the claimants/respondents. No adjudication can be made of the rights of a dead person. In these circumstances, the appeal is remanded to the -2- Court of learned District Judge, Solan with a direction that he will determine as to whether on the day when the land reference was instituted on behalf of Smt. Kunti and others, it was valid reference and whether representation of her estate was required. On receipt of the record, the learned District Judge shall issue notices to the parties for their appearance and the parties to this appeal will be given adequate opportunity to establish their respective claims. The appeal is accordingly disposed of. There shall be no order as to costs. All pending application(s) shall stand disposed of. The Court fee in accordance with law be refunded to the appellant. March 24, 2008(PC). (Dev Darshan Sud), J.