JUDGMENT Chander Bhusan Barowalia, J —The present application, under Section 5 of the Limitation Act has been maintained by the applicants, who was the defendants before the learned trial Court (hereinafter to be called as "the defendants") for condoning the delay of 21 days'' in filing the regular second appeal, challenging the judgment and decree, dated 10.11.2016, passed by the learned District Judge, Kullu, H.P. in Case Code No. 0000006/2016, Registration No. 6/2016, whereby the judgment and decree, dated 27.11.2015, passed by learned Civil Judge (Senior Division) , Kullu, District Kullu, H.P., passed in Civil Suit No. 219 of 2011, was upheld and suit of the defendants was dismissed with costs. 2. Today, when the matter was taken up for consideration, it is brought to the notice of this Court that plaintiff/non-applicant No. 3 (Pushpa Sood) has expired on 11.01.2013 during the pendency of the appeal before the learned trial Court, which also reveals from her death certificate, annexed with the file. 3. It is settled proposition of law that the question of abatement is required to be decided by the Court, where the death of party has taken place. 4. In the present case, deceased Pushpa Sood has expired, when the suit was pending before the learned trial Court, hence the question of abatement is to be decided by the same Court. Consequently, as deceased Pushpa Sood has expired during the pendency of the suit before the learned trial Court, the judgment and decree, passed by the learned trial Court is set aside and the case is remanded back to the learned trial Court to decide the factum with regard to the death of non-applicant/defendant No. 3, Pushpa Sood afresh. Parties to appear before learned lower Appellate Court on 22nd March, 2018. 5. In view of the aforesaid discussions, the present application stands disposed of.