RSA 335 of 2007. 12.3.2009 Present: Mr. Vinay Thakur, counsel for the appellants. Mr. Romesh Verma, counsel for respondents 1 to 4. Mr. B.M.Chauhan, counsel for respondent No. 6. Heard. This appeal is converted into a Regular First Appeal in terms of Order 43 of the Code of Civil Procedure. One of the grounds taken by the appellants herein for challenging the order of the learned District Judge is that on the date when the appeal was taken up for hearing, the sole appellant before the Court below was dead. The record of the appellate Court was called for. On 25.4.2007, the Court passed the following order: “25.4.2007 Present: Sh. Pradeep Verma, Advocate for the appellant. Sh. K.S.Thakur, Advocate for the respondents 1 and 2. Respondent No. 3 ex parte. Ms. Sushma Sharma, Advocate vice counsel for respondent No. 4. Time prayed for arguments. Now to come up for arguments in the main appeal as well as on application on 4.6.2007. Sd/- District Judge, Shimla.” The case was thereafter taken up for hearing on 4.6.2007. If what the appellants herein state -2- is correct, the appeal would obviously abate unless some application etc. had been moved or is moved for adequate representation of the estate of the appellant. The judgment in appeal is, therefore, set aside and the case is remanded to the learned District Judge, Shimla who shall determine as to whether the sole appellant had died on 31.5.2007, if so what would its effect be on the appeal? Parties shall appear before the learned District Judge, Shimla on 2.5.2009. The record of the Courts below be sent back immediately. Pending application(s) shall disposed of. March 12, 2009 (PC). (Dev Darshan Sud), J.