KULDEEP SINGH Vs. GURDEV SINGH AND OTHERS

JUDGEMENT

(1.) Challenge herein is to the judgment and decree dated 19.3.2013 passed by learned Additional District Judge, Fast Tract Court, Una in Civil Appeal No. 62/2009, whereby the judgment and decree passed by learned Civil Judge (Junior Division), Court No. 2, Amb, District Una in Civil Suit No. 10/1999, has been affirmed and the appeal dismissed.

(2.) Plaintiff is the appellant and defendants are respondents No.1 to 13. One of the defendants, Raghubir Singh (respondent No. 10 herein) has passed away on 22.08.2011, i.e., during the pendency of the appeal in the lower appellate Court. The appeal, however, has been decided by learned lower appellate Court without taking note of his death vide judgment and decree impugned before this Court in the present appeal. The impugned judgment, therefore, admittedly is against a dead person, i.e., defendant-respondent, Raghubir Singh. There is no quarrel so as to he died well before pronouncement of judgment in the appeal by the lower appellate Court.

(3.) Whether the appeal on his death stands abated for want of consequential steps by the surviving defendants or his legal representatives or not, is a question to be gone into and determined by the lower appellate Court. No doubt, affidavit of appellant-plaintiff Kuldeep Singh has been filed along with this appeal. In support of the affidavit, a copy of the death certificate has also been filed on the record of this appeal. However, such material placed on record cannot be looked into by this Court and appellant should bring the same on the record of lower appellate Court to seek substitution of legal representatives of deceased defendant-respondent, Raghubir Singh.