RSA No.590 of 2000. 01.12.2008 Present: Ms.Ruma Kaushik, Additional Advocate General, for the appellants. Mr.Anup Rattan vice counsel for respondent No.1. Mr.Jagan Nath vice counsel for respondent No.2. When this case was taken up for further proceedings, learned Additional Advocate General prays that the orders be passed in CMP(M) No.1004 of 2008. This application has been filed by the State of Himachal Pradesh under the provisions of Order 22 Rule 4 and 9 read with Section 151 of the Code of Civil Procedure with a prayer for bringing on record the legal representatives of deceased plaintiff-respondent Major Karamjit Singh. The death certificate of the respondent, which has been placed on the record of the case, shows that he had died on 12.7.1993. The record of the case shows that the Civil Suit was filed by respondent-plaintiff on 1.10.1993 and disposed of on 6.1.1998. Appeal preferred before the learned District Judge was instituted on 30.3.1998 and decided on 28.8.2000. Prima facie if the death certificate, as filed, is to be accepted, it would be apparent and evident that the suit, as filed by the plaintiff-respondent, was not maintainable because on the date when the suit was filed, he was dead. Obviously, no suit can be instituted by a dead person. In these circumstances, this appeal is remanded to the learned District Judge, Kullu, who shall, take into consideration the facts as stated in CMP(M) No.1004 of 2008 and then proceed and determine as to whether decree passed in favour of plaintiff-respondent was valid or the suit itself instituted was invalid. RSA No.590 of 2000. (2) Parties to the suit i.e. State of Himachal Pradesh, Notified Area Committee, Manali and legal representatives of the deceased plaintiff would be given an adequate opportunity of representing the case. The learned District Judge shall issue notices to the legal representatives of the deceased Major Karamjit Singh. In case service is not possible on the legal representatives by ordinary process, it will be open to the learned District Judge to have served them by way of publication. This appeal is disposed of. All interim orders are vacated. All miscellaneous applications are disposed of. December 1, 2008 (Dev Darshan Sud) (aks) Judge.