RFA No.235 of 2007. 16.06.2008 Present: Mr.Sandeep Sharma, Assistant Solicitor General of India, for the appellant. Ms.Ruma Kaushik, Additional Advocate General, for respondent No.6. An application being CMP(M) No.35 of 2008 has been filed by the Union of India for bringing on record the legal representatives of deceased respondent No.5, Rattan Dass son of Dolu, who has died on 19.2.1999, which is much before the time when the learned reference Court took cognizance of the matter which was instituted on 8.7.2002. A further prayer is made that the delay in filing the application for bringing on record the legal representatives be condoned in the interest of justice. The death certificate issued by the Pradhan, Gram Panchayat has been placed on the record. I find from the record that the power of attorney (Vakalatnama) on behalf of the deceased respondent has been thumb marked and filed in the proceedings which is highly improper. It is not understood as to how representation is being made on behalf of a dead person. Prima facie, the respondent having died even before the proceedings were instituted, no award could be made in favour of a dead person. In these circumstances, this appeal is remanded to the learned District Judge, Kullu who will determine as to whether the reference petition abates as a whole or only qua the deceased respondent. The Court will also determine the effect of the death of Shri Rattan Dass before the institution of the reference petition. The appellant shall appear before the learned Court below on 16th July, 2008. The Court shall ensure that the notices are issued to all the respondents including the legal representatives of deceased Rattan Dass before further RFA No.235 of 2007. (2) proceedings are taken. Let records of the Court below be sent back immediately. The appeal is accordingly disposed of. All the miscellaneous applications are disposed of. All interim orders are vacated. Let Court fee in accordance with law be refunded to the appellant. June 16, 2008 ( Dev Darshan Sud ) (aks) Judge