IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA FAO No. : 664 of 2008 Date of Decision : March 5, 2009 Sh. Narad Ram Appellant Versus Sh. Basu Dev & others. Respondents Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the appellant : Mr. R.K. Gautam, Senior Advocate with Ms. Radhika Gautam, Advocate for the appellant. For the respondents: Mr. N. K. Sood, Advocate for the respondents. Sanjay Karol, J. (Oral) In the present appeal, the appellant who was respondent before the First Appellate Court has assailed the impugned judgment and decree dated 2.9.2008 passed by the District Judge Kangra, H.P. in Civil Appeal No. 61-P/XIII/2008, titled Basu Dev and others v. Narad Ram inter alia on the ground that the First Appellate court has failed to take into account the order dated 27.2.2001 passed by the trial court and has thus arrived at an erroneous conclusion. Whether reporters of Local Papers may be allowed to see the judgment? Plaintiff Shri Narad Ram, instituted a suit against the sole defendant Shri Budhu Ram with respect to the suit property. During the pendency of the suit Shri Budhu Ram died. The plaintiff moved an application exempting to bring on record the legal representatives of the deceased defendant Budhu Ram as they failed to contest the suit which was allowed in terms of the order dated 27.2.2001 by the trial Court. The trial court decreed the suit ex-parte in favour of the plaintiff on 1.12.2003. The legal representatives of Shri Budhu Ram, the present respondents, filed an appeal assailing the said decree which now stands decided in terms of the impugned judgment. In the impugned judgment in para-9, while ignoring the aforesaid order dated 27.2.2001 the learned Judge has wrongly concluded that the plaintiff failed to notify the death of the defendant before the trial court. The findings arrived at by the First Appellate Court are thus erroneous , contrary to record and needs to be set aside. The First Appellate Court set aside the judgment and decree dated 1.12.2003 and remanded the matter back to the trial Court for trial. The impugned judgment and decree consequently is set aside and the matter is remanded back to the First Appellate Court with a direction that fresh order be passed in the appeal by taking into account the entire material and decide the same as expeditiously as possible. Needless to add that the First Appellate Court shall also consider the appeal on merits. The matter pertains to the year 1999, therefore, it would be in the interest of justice that the matter is heard as early as possible. With the aforesaid observations, the appeal is disposed of. Parties through their learned counsel are directed to appear before the First Appellate Court on 6th April, 2009. The First Appellate Court after affording due opportunities to the parties decide the appeal within four weeks from the said date. CMP No. 1035 of 2008 In view of the disposal of the main appeal, the present application is also disposed of. (Sanjay Karol), Judge. March 5, 2009 (PK)