SARDARA SINGH DECEASED Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Looking to the nature of the order, I propose to pass, it is not at all necessary to refer the facts in detail.

(2.) Suffice it to state that the plaintiff (since deceased) filed a suit for declaration with consequential relief of permanent prohibitory injunction, which was decreed by the learned trial court vide judgment and decree dtd. 30/1/2015 and the said judgment and decree was reversed by the learned first appellate court vide judgment and decree dtd. 21/11/2018, constraining the plaintiff/appellants to file the instant appeal.

(3.) It is not in dispute that the plaintiff, Sardara Singh, died on 22/10/2017 at the time when the appeal was pending adjudication before the learned first appellate court. Since the appeal had already abated before the learned first appellate court, therefore, there was no legally constituted appeal before this Court.