FAO No. 536 of 2007 29.9.2008 Present: Ms. Devyani Sharma, Advocate, for appellant. Shri M.L. Chauhan, Advocate, for respondents No. 1 to 3. CMP (M)No. 408 of 2008 The suit out of which this appeal arises was instituted by the appellant in the Court of learned Senior Sub Judge Judge and was decreed declaring the appellant herein and proforma defendant to be in possession of suit property as also identifying the share of the appellant herein. An appeal, preferred by respondents No. 1 to 4 Ram Ratti, Ram Gopal, Ayodhya Parsad, and Asha Devi, was accepted by the learned Additional District Judge, Nahan remanding the case to the learned trial Court for decision afresh in accordance with law. An application under Order 22 Rule 4 of the Code of Civil Procedure has been filed by the appellant herein in this appeal submitting that Smt. Sankho Devi (respondent No. 3 before the appellate Court) died on 10.7.2006. Learned counsel appearing for appellant submits that it was the duty of respondents namely Ram Gopal, Ayodhya and Asha Devi to have brought on record the legal representatives of deceased Sankho as on the date of her death, the appeal was pending before the learned Appellate Court. She further submits that non-impleadment of legal representatives would result in passing a conflicting judgment as their interest was unrepresented and would affect relief granted to her by the trial Court. This submission is fortified on facts by the death certificate which has been issued by the Registrar Birth and Death, filed alongwith this application showing her date of death to be 10.7.2006. Heard. It was the duty of the respondents who were the appellants before the learned Appellate Court to have brought on record -2- the legal representatives of Smt. Shanko Devi who was impleaded as respondent No.3. In these circumstances, this case is remanded to the learned District Judge, Nahan for decision afresh in accordance with law. He would decide as to whether the death of respondent No.3 Shanko Devi results in abatement of the appeal. Parties to appear before the learned District Judge, Nahan on 24th October, 2008. FAO No. 536 of 2007 This case is remanded in view of the decision in CMP (M) No. 408 of 2008. Let the records of this case be sent to the Court of learned District Judge, immediately. All interim orders shall stand vacated. All pending miscellaneous applications shall stand dismissed. September 29, 2008(ms) (Dev Darshan Sud), J.