RSA No. 47 of 2011. 11.5.2011 Present: Mr. K.D.Sood, counsel for the appellants. Mr. Ashwani K. Sharma, counsel for respondents No. 1 to 3. RSA No. 47 of 2011 & CMP(M) No.465 of 2011. The appellants/ applicants have filed application under Order 22 Rules 4, 9 and 11 read with Section 151 CPC and Section 5 of Limitation Act for condonation of delay, setting-aside abatement and bringing on record the legal representatives of Kirpu Ram respondent No. 5 died on 28.12.2005. The judgement, decree dated 10.12.2010 passed by learned District Judge, Kangra at Dharamshala in RBT Civil Appeal No. 60-G/XIII-2010/2003 has been assailed in RSA No. 47 of 2011. According to appellants/ applicants, Kirpu Ram died on 28.12.2005 when the matter was pending before the learned District Judge in first appeal. One of the prayers made in the application is for setting aside the abatement in addition to condonation of delay. The question of abatement will be considered by the court where the lis was pending when death of Kirpu Ram took place. Admittedly, Kirpu Ram died when the mater was pending before the learned District Judge. Therefore, it is the court of learned District Judge, who will look into this aspect whether appeal before him had abated in view of death of Kirpu Ram. In these circumstances, the impugned judgement and decree dated 10.12.2010 are set-aside. The matter is remitted to learned District Judge, Kangra at Dharamshala, who will consider the question of abatement of appeal on account of death of Kirpu Ram. In case an application is filed before the learned District Judge for setting aside abatement and bringing on record legal representatives of Kirpu Ram then learned District Judge will decide the matter in accordance with law. The parties through their counsel are directed to appear before the learned District Judge, Kangra at Dharamshala on 20.6.2011. May 11, 2011. ( Kuldip Singh ), (Hem) Judge.