BARFI DEVI Vs. STATE OF H P

JUDGEMENT

(1.) This appeal has been preferred by the appellants against the judgment and decree dated 11.5.2000 passed by the learned District Judge, Bilaspur in Civil Appeal No. 18 of 1992 whereby the judgment and decree dated 31.1.1992 passed by the learned Sub-Judge, 1st Class, Ghumarwin in favour of the predecessor-in-interest of the present appellants had been reversed.

(2.) The appeal was admitted for hearing on two substantial questions of law vide order dated 12.7.2000. It has, however, been brought to the notice of the Court that Brij Lal, appellant and proforma respondent Piar Singh, originally defendants in the case, had died respectively on 21.9.1995 and 8.12.1997 during the pendency of the appeal before the lower Appellate Court. However, the factum of their death was neither known to the present appellants who were respondents before the lower Appellate Court nor was brought to the notice of the lower Appellate Court by the respondents and that the appeal preferred by the respondents before the lower Appellate Court had, thus, abated for want of bringing on record the legal representatives of the aforesaid deceased persons.

(3.) In view of the aforesaid submissions, I have heard the learned counsels for the parties about the further course of action in the matter.