V. K. Mehrotra, J.—Ishwari Devi filed a suit for possession of land forming part of Khata No. 21 min, Khatauni No. 147, measuring 0-07-64 Hectares, situate in Mohal Rajinder Nagar, Tehsil Palampur, District Kangra. Jagan Nath and two others were defendants in the suit. The case against them was that they had forcibly occupied the land and were not vacating it inspite of efforts. Various defences were taken by the defendants. They claimed that they were in possession over it for a very long time and had acquired rights thereon. The trial court decreed the suit on October 25, 1982. The defendants assailed the decree by filing C. A. No. 310 of 1982 on November 22, 1982. The appeal remained pending for several years. One of the defendants, namely? Jagan Nath died on January 28, 1986. No steps to bring his legal representatives on record were, however, taken.

2. The lower appellate court, namely, the learned District Judge Kangra at Dharamsala, heard the appeal and disposed it of on merits by his judgment dated April 9, 1987. It was not brought to the notice of the court below that no steps to bring the heirs of the deceased on the record of the appeal were taken. The defendants