1 S.B. Civil Second Appeal No.21/2003 Ram Kumar vs Bhanwar Lal & Ors. Date of order : 30.10.2007 HON'BLE MR. PRAKASH TATIA, J. Mr.RS Saluja, for the appellant. <><><> The sole plaintiff Bhanwar Lal filed the suit for removal of defendant Pujari which was decreed by the trial court vide judgment and decree dated 27.8.1991. One of the defendants Ram Kumar preferred appeal to challenge the judgment and decree of the trial court dated 27.8.1991. The appeal was dismissed by the appellate court on 6th July, 2002. The defendant preferred this second appeal to challenge both the judgments and decrees. During the pendency of this second appeal preferred by the defendant Ram Kumar, the defendant-appellant came to know about the death of sole plaintiff-respondent no.1 when a report received on the summons sent by this Court to the sole plaintiff-respondent no.1 that the sole plaintiff-respondent no.1 already expired long ago. The defendant-appellant submitted an application for setting aside of the abatement under Order 22 Rule 9 CPC as well as application under Section 5 of the Limitation Act. This Court vide order dated 24.7.2007 2 dismissed the appellant's application for setting aside of the abatement of the appeal and dismissed the applications filed under Order 22 Rule 9 and under Order 22 Rule 4 CPC as well as the application filed under Section 5 of the Limitation Act. In view of the above order dated 24th July, 2007, the entire appeal has become incompetent and is declared abated as the decree is in favour of the sole respondent no.1 deceased Bhanwar Lal cannot be set aside without impleading the legal representatives of sole plaintiff-respondent and without setting aside the abatement of appeal. In view of the above reasons, this appeal is dismissed in consequence to the order dated 24th July, 2007 only. (PRAKASH TATIA), J. c.p.goyal/-