RSA 26 of 2008. 28.2.2008 Present: Mr. Y.P.S.Dhaulta, counsel for the appellants. Ms. Ruma Kaushik, Addl. AG, for respondent No. 1. CMP(M) 28 OF 2008. Heard. I am satisfied that the delay which has been occasioned in filing the appeal is neither intentional nor deliberate. The application is therefore allowed. Delay condoned. RSA 26 of 2008. This is the plaintiffs’ appeal against the judgment and decree of the learned District Judge affirming the judgment and decree passed by the learned trial Court dismissing the suit preferred by the plaintiffs. Along with the appeal, the appellants have preferred applications for bringing on record the legal representatives of respondents 9, 10, 12, 13, 15 and 21, namely Thuru Devi, Balvinder Singh, Chinni Devi, Ram Murti, Seema Devi and Harbans Lal. Learned counsel has argued on -2- several aspects of the matter including the fact that the decree passed by the learned appellate Court is a nullity as the applications moved before that Court for bringing on record the legal representatives were not decided. He also submits that serious prejudice has been caused to the appellants as the date of hearing was preponed without notice to the appellants or the counsel. He submits that the record discloses that on 14.6.2007, the date for the case was fixed for further proceedings on 27.9.2007, but such date was changed to 26.7.2007 without any notice. Without entering into the controversy of other points raised by the appellants, it would be in the fitness of things that the matter remanded to the learned District Judge for consideration as to the effect of (a) passing a decree against a dead person(s); (b) proceeding with the case in the absence of representation of the estates of 9, 10, 12, 13, 15 and 21, namely Thuru Devi, Balvinder Singh, Chinni Devi, Ram Murti, Seema Devi and Harbans Lal and (c ) the effect of preponing the appeal for hearing without notice to the appellants herein. No observation is made on the -3- merits of the case. The learned Court shall proceed with expedition in the matter and decide the case on its own merits in accordance with law totally uninfluenced by any observation made hereinbefore. The petitioner shall appear before the learned District Judge on 8.4.2008 who will thereafter issue notices to the respondents and decide the appeal afresh taking into consideration the three points urged by learned counsel for the appellants. The appeal is disposed of accordingly. All pending applications shall stand disposed of. February 28, 2008(PC). (Dev Darshan Sud), J.