RSA/192/2020
2021 Latest Caselaw 1539 HP

RSA No. 192 of 2020 02.03.2021 Present: Mr. R.L. Chaudhary, Advocate, for the appellants.

Mr. K.B. Khajuria, Advocate, for respondent No. 1.

.

Respondent No. 2 is stated to have died. Respondent No. 3 is ex parte.

RSA No. 192 of 2020 & CMP(M) Nos. 852 and

853 of 2020

Though an application has been filed under Order

22, Rule 4 read with Section 151 of the Code of Civil Procedure

with the prayer to bring on record the legal representatives of

deceased respondent No. 2, however, when the application was

taken up for consideration, Mr. R.L. Chaudhary, learned

counsel for the appellants informs the Curt that respondent

No. 2 died during the pendency of the appeal before the learned

First Appellate Court. He submits that in view of the law laid

down by the Hon'ble Supreme Court of India, the matter has to

be remanded back to the learned First Appellate Court by

setting aside the judgment and decree passed by it.

On the request of Mr. K.B. Khajuria, learned

counsel for respondent No. 1, the matter is ordered to be listed

for further consideration on 18th March, 2021.

(Ajay Mohan Goel) Judge March 02, 2021 (bhupender)