RFA No.195/2007. 07.07.2008 Present: Mr A.K.Bansal, Addl.A.G., for the appellants. The award dated 7.3.2007 passed by learned Additional District Judge, Mandi Camp at Karsog in reference petition No.46 of 2001 Daulat Ram versus L.A.C. has been assailed in the appeal. The appeal was barred by time, therefore, an application under Section 5 of the Limitation Act being CMP(M) No.624 of 2007 was also filed along with the appeal for condonation of delay in filing the appeal. On 7.9.2007 notice was issued in CMP(M) No.624 of 2007. Thereupon, it was revealed that respondents No.2 and 3 have died. CMP(M) No.202 of 2008 was filed for bringing on record legal representatives of respondents No.2 and 3. As per death certificate filed along with the application respondent Surat Ram had died on 9.5.2000 and respondent Anup Kumar died on 26.6.2001. Thereupon application being CMP(M) No.203 of 2008 filed under Section 5 of the Limitation Act for condonation of delay in filing CMP(M) No.202 of 2008. In Pritam Singh versus Rattan Chand, Latest HLJ 2006 (HP) 649, it has been held that where a party dies pending suit or appeal and judgment, decree are passed in ignorance to such death, the question of substitution of heirs and setting aside the abatement, if any, can only be considered by the Court before whom the suit or appeal as the case may be was pending when defendant or respondent expired. The date of award of the Collector as per impugned award is 31.3.1997. It is not clear …2… RFA 195/2007 from the record where the proceedings were pending when respondents Surat Ram and Anup Kumar died but certainly these respondents died much before the filing of the present appeal. In these circumstances, award dated 7.3.2007 passed by learned Additional District Judge, Mandi Camp at Karsog in reference petition No.46 of 2001 Daulat Ram versus L.A.C. is set aside and case is sent back to learned Additional District Judge, Mandi who will ascertain the stage of proceedings when respondents Surat Ram and Anup Kumar died and thereafter shall pass the appropriate order and proceed with the appeal in accordance with law. The appeal, as well as all other pending applications, are disposed of accordingly. July 07, 2008 ( Kuldip Singh ), J. (soni)