RFA 364 of 2000 04.01.2010 Present: Mr. Neeraj Gupta, Advocate, for the appellant. Shri R.K. Bawa, Advocate General with Ms. Ruma Kaushik, Addl.A.G. for respondents No. 1 and 2. Shri Laiq Ram, respondent No. 7, is present in Court today. He has been informed about the next date before the learned District Judge, Shimla which has been fixed for 25th February, 2010. I have heard learned counsel appearing for the parties. It is submitted by learned counsel appearing for the appellant that respondents No. 14 and 15 are dead. He prays that their names be deleted from the array of respondents as they are widows of Shri Gopu Ram whose interest is already represented by S/Shri Budhi Singh, Mohan Lal and Nand Lal, respondents No. 11 to 13 and also the appellant, Hari Lal Chauhan, who is his son. Prayer granted. The order passed by the learned District Judge cannot be sustained as being too technical. It is by now well settled that adequate opportunity should be granted to a litigant to prosecute his case. The appeal is accordingly allowed. The order passed by the learned District Judge is quashed and set aside. The case is remanded to the learned District Judge, who shall take up the case afresh for decision in accordance with law. For this purpose, parties shall appear before the learned District Judge, Shimla on 25th February, 2010. He shall also give adequate opportunity to the appellant to effect service on the unserved respondents. Needless to say that since the case pertains to the year 1998, he shall proceed in this case with due expedition. Record, if received, be sent back immediately. January 04, 2010 (ms). (Dev Darshan Sud), J.