RSA 17 of 2008. 8.12.2008 Present: Ms. Ruma Kaushik, Addl.AG, for the appellants. When this appeal was taken up for further consideration today, learned Additional Advocate General submitted that the legal heirs of respondent No. 1 late Shri Babu Ram who was the plaintiff before the trial Court are required to be impleaded as he had died on 2.6.1997. Learned counsel has placed reliance on the Death Certificate issued by the Department of Health and Family Welfare under Sections 12/17 of the Himachal Pradesh Registration of Births and Deaths Act, 1969, to substantiate this fact. I have no reason to doubt its authenticity. It is but plainly evident that the suit of the plaintiff was incompetent as the suit was filed on 24.10.1991 and decided on 14.2.2000. It is not clear as to under what circumstances the suit continued. To compound this fact, I find from the record of the appellate Court that Babu Ram has been impleaded as an appellant and S/Sh. Wattan Singh, Hoshiar Singh and Jyoti Parkash, sons of Babu Ram have been impleaded as proforma respondents. How the appeal continued is not -2- clear. Either the legal heirs could continue with the appeal or the appellant. In the fact situation as it existed, the appellant could not have filed the appeal as he was dead on that day. In the circumstances, this appeal is allowed and the matter is remanded to the learned District Judge, Una. He shall rehear the appeal after issuing notices to the proposed legal heirs whose names have been mentioned in CMP(M) Nos. 1105 and 1006 of 2008. After hearing the parties, the learned District Judge will decide as to whether the appeal as filed on 10.4.2000 before him was competent or resulted in abatement of the suit, as a result of which there was no valid appeal which was instituted. The matter shall be decided by the learned District Judge afresh in accordance with law. Appellants to appear before the learned District Judge on 29.12.2008. The learned District Judge shall proceed to issue notices to the legal heirs of deceased Babu Ram and then dispose of the appeal. The learned Court shall endeavour to dispose of the appeal as expeditiously as possible without granting undue adjournments. Let record of both the Courts below be sent back to the learned appellate Court which shall readmit the appeal on its -3- record and proceed in accordance with law and the directions issued hereinbefore. All applications shall stand disposed of and interim orders vacated. December 8, 2008 (PC). (Dev Darshan Sud), J.