JUDGMENT Dharam Chand Chaudhary, J —Rsa No. 335 of 2016 & CMP(M) No. 2108 of 2016 This appeal is directed against the judgment and decree dated 30.1.2016 passed by learned Additional District Judge-II, Una in Civil Appeal No. 62/2011, whereby the appeal has been dismissed and the judgment and decree passed by learned trial Court is affirmed. When the appeal was at the stage of service of the respondents, on notice issued to respondent No. 6 it transpired that the said respondent has expired. Now the application CMP(M) No. 2108 of 2016 has been filed for substitution of her legal representatives. The same is supported by death certificate of the said respondent. It is seen that respondent No. 6 Smt. Satya Devi has expired on 30.7.2012 i.e. at a stage when the appeal was pending disposal in the lower Appellate Court. 2. True it is that learned Lower Appellate Court has dismissed the appeal and the judgment and decree so passed is in favour of the respondents including the deceased. However, in view of the judgment of this Court in RSA No. 304 of 2017, titled Narain Dass versus Devi Ram & others, decided on 21st March, 2018, the judgment and decree passed either against or in favour of a dead person is nullity and the questions of abatement of the proceedings and substitution of LRs of deceased party have to be considered and decided by the Court where the lis was pending at the time of his/her death. A recent judgment of Hon''ble Apex Court in Gurnam Singh (dead) by legal representatives and others Versus Gurbachan Kaur (dead) by legal representatives , (2017) 13 SCC 414 has also been taken in consideration in the judgment cited supra. 3. In view of above, the judgment and decree under challenge in this appeal is nullity, hence quashed and set aside. Consequently, the case is remanded to learned Lower Appellate Court with a direction to decide the same afresh after deciding the questions of abatement of the proceedings and substitution of LRs of deceased respondent No. 6 Smt. Satya Devi in accordance with law and on hearing the parties on both sides. Consequently, the case is remanded to learned Lower Appellate Court with a direction to decide the same afresh after deciding the questions of abatement of the proceedings and substitution of LRs of deceased respondent No. 6 Smt. Satya Devi in accordance with law and on hearing the parties on both sides. In case the power of attorney on behalf of deceased respondent No. 6 was filed on 12.11.2014, as brought to the notice of this Court, by learned Counsel representing the respondents, learned Lower Appellate Court look into this aspect of the matter and if it is so to look into the matter as to how power of attorney on behalf of a dead person could have been filed and thereafter to pass appropriate order in accordance with law. 4. The parties are directed to appear in the lower Appellate Court on 16.5.2018. 5. The application CMP(M) No. 2108 of 2016 and the appeal stand finally disposed of. Pending application(s) , if any, shall also stand disposed of. The same after registration be consigned to the records. 6. An authenticated copy of this judgment be sent to learned Lower Appellate Court for compliance.