RFA 141 of 2007. 14.5.2008. Present: Mr. Sandeep Sharma, Assistant Solicitor General of India, for the appellant. Ms. Ruma Kaushik, Addl. AG, for respondent No. 2. CMP(M) No. 65 of 2008. This application has been moved by the appellant with the prayer that legal representatives of late Shir Karam Dass sole claimant be brought on the record of the case. It is stated on affidavit that Shri Karam Dass died on 11.11.1999. The death certificate supporting this fact has been placed on the record. The reference petition, out of which this appeal arises, was presented before the learned District Judge on 8.7.2002 i.e. after the death of sole claimant. In these circumstances, there could be no adjudication of the right/claim of the claimant in the absence of any representation of his estate. The appeal therefore, is remanded to the District Judge, Kullu with the directions that it shall make a determination as to whether:- (a) There was a valid pending proceeding before the court on the date when reference petition was presented, (b) Whether it was necessary for the legal representatives of the deceased Shri Karam Dass to have brought on the record of the case. ( c ) Whether there could have been an adjudication of the rights of a person who was dead on the date when the reference petition was instituted. Before making such determination, learned reference court will issue notice to the legal representatives of the deceased claimant as -2- named in this application. This application is disposed of. The appellant shall appear before the learned District Judge on 30th June, 2008. The case shall proceed thereafter in accordance with law. RFA No. 141/2007. The appeal is remanded to the learned District Judge for determination afresh in accordance with law. Court fee be refunded to the appellant as admissible under law. All miscellaneous applications shall stand dismissed and all interim orders shall stand vacated. 14th May, 2008. (Dev Darshan Sud), (cm) Judge.