IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. RSA. No.: 329 of 2001. Decided on: 27.12.2011. ______________________________________________ 1. Shri Yudhister Kahel son of late Shri Faquir Chand 2. Shri Rajinder Kahel son of late Shri Faquir Chand 3. Smt. Leelawati Kahel widow of late Shri Faquir Chand 4. Smt. Vijay Kumari daughter of late Shri Faquir Chand. All residents of Una, Amb Road, Una District Una. … Appellants. Versus 1. Mrs. Sudha Sharma widow of late Shri Ram Dass at present resident of Bhagwan Building near Bachat Bhawan, Old Bus Stand, Una. 2. Shri Vishal Sharma son of late Shri Ram Dass, minor through Mrs. Sudha Sharma guardian of minor as mother. 3. Sharda Devi wife of Shri Joinder Kumar, Caste Brahmin, resident of village Badhera, P.S. and Tehsil Una, at present resident of Una, Bhagwan Building next Bhachat Bhawan near old bus stand, Una. … Respondents. 4. Shri Joginder Singh son of Shri Chahratoo (dead through L.Rs.) 4(a) Shri Dev Kumar Dhiman son of late Shri Joginder Singh, resident of Khad, Tehsil and District Una. 4(b) Smt. Prabha Kumari wife of late Shri Joginder Singh, resident of Khad, Tehsil and District, Una. 4(c) Smt. Nisha Dhiman wife of Shri Surinder Singh (daughter) C/O Shri Surinder Singh, General Manager (Marketing), HMT, Pinjaur, Haryana. 5. Joinder Pal son of Shri Amrit Lal 6. ……. Deleted……… 7. Mohan Lal son of not known 8. Sudesh Kumari wife of Ramlok 9. Ram Lok son of Shri Prabhu 10. ……… Deleted. ………….. 11. ……….Deleted. …………. All residents of Una near Marketing Society, Subzi Mandi, Police Station, Tehsil and District Una. … Proforma Respondents. - 2 - Regular Second Appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 17.4.2001 passed by learned District Judge, Una in Civil Appeal No.42/94. Coram The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?1 No. For the Appellants : Mr. Ramakant Sharma, Advocate for the appellants. For the Respondents : Mr. Ajay Sharma, Advocate for respondents No.1 to 3. Mr. Bhupender Gupta, Senior Advocate with Mr. Neeraj Gupta, Advocate for respondents No.4(a) to 4(c). Rajiv Sharma, Judge (Oral). It is represented by the learned counsel for the appellants that there is no surviving cause of action in the suit in favour of the plaintiffs. Consequently, the suit filed by the plaintiffs is dismissed. The judgments and decrees passed by both the courts below are set aside. The appeal stands disposed of, so also the pending application(s), if any. No costs. (Rajiv Sharma), Judge. December 27, 2011. (sck). 1 Whether the reporters of Local Papers may be allowed to see the judgment? No.