JUDGMENT Dharam Chand Chaudhary, J —In this application, a prayer has been made for condonation of delay of 19 days as occurred in filing the appeal against the judgment and decree dated 25.7.2017 passed by learned Additional District Judge, Sirmaur district at Nahan. Another application which is not yet registered has been filed under Order 22 Rules 4 and 9 of the Code of Civil Procedure for substitution of the legal representatives of deceased respondent No. 2 Smt. Belmanti. 2. As a matter of fact, the said respondent has expired on 31.5.2017 during pendency of the appeal in the lower Appellate Court. As per the ratio of the judgment of the Apex Court in Gurnam Singh (dead) by legal representatives and others Versus Gurbachan Kaur (dead) by legal representatives , (2017) 13 SCC 414 , the judgment and decree passed either in favour or against a deceased party is nullity, hence has to be quashed and set aside. Since the impugned judgment and decree has been passed without taking notice of the death of respondent No. 2 and substitution of her legal representatives, therefore, it is for the lower Appellate Court to decide the questions of abatement of the proceedings and also the substitution of her legal representatives. Similar is the view of the matter taken by this Court also in a recent judgment passed on 21st March, 2018 in Narain Dass Versus Devi Ram & others, RSA No. 304 of 2017. 3. In view of the above, this application is dismissed being not maintainable. Consequently, the appeal and pending application(s) including the application under Order 22 Rules 4 and 9 CPC also stand disposed of. 4. The parties through learned Counsel representing them are directed to appear in the lower Appellate Court on 25.4.2018. 5. An authenticated copy of this judgment be sent to the trial Court for record. Copy Dasti.