Extracted from the PDF above. The PDF is authoritative.
2026:HHC:36063 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RSA No. : 81 of 2026 Decided on : 25.08.2026 Yashwant Singh ...Appellant. Versus Mahinder Singh & Ors. …Respondents The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the appellant : Mr. Suneet Goel, Senior
Advocate, with Mr. Vishwas Kaushal, Advocate. For the respondents : Mr. Ashok K. Tyagi, Advocate, for respondents No. 1 and 2. Respondent No. 8, is stated to have expired. None
for
remaining
respondents.
Virender Singh, Judge
(Oral) CMP(M) No. 1329 of 2026 Although, the present application has been filed for bringing on record the LRs of respondent No. 8 Smt. Gulab Devi, but according to the averments, as made in the application, she has expired on 08.08.2022, when, the lis was pending before learned Additional District Judge, Nahan District Sirmaur, H.P. (hereinafter referred to as ‘the 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2026:HHC:36063 first appellate Court’). Death has occurred, when the lis was pending before the learned first appellate Court.
2. In such situation, being guided by the decision of Hon’ble Supreme Court in Gurnam Singh (dead) through LRs Versus Gurbachan Kaur (dead) through LRs, 2017 (13) SCC 414, wherein, it has been held that decree in favour of a dead person is nullity, this Court is left with no option, but to set aside the judgment passed by learned first appellate Court, on the technical defect and the matter is remanded back to the learned first appellate Court to decide the question of abatement and decide the matter afresh, after bringing on record the LRs of deceased respondent No. 8, Gulab Devi.
3. Considering the fact that the lis was pending between the parties, from the year 2016, it is expected from the learned first appellate Court to decide the question of abatement and decide the matter afresh within a period of two months, from the date of appearance of the parties before the learned first appellate Court.
4. With these observations, the judgment and decree dated 24.11.2025, passed by learned first appellate Court, is set aside.
3 2026:HHC:36063
5. Parties, through their counsel, are
directed to appear before the learned first appellate Court on 07.09.2026, at 10:00 am.
6. Pending application(s), if any, shall also stand
disposed of.
(Virender Singh) 25th August, 2026
Judge (Pramod Kumar)