JUDGMENT :

Virender Singh, J.

CMP No. 7049 of 2023

1. The order of mine shall dispose of the application, filed by the appellants, under Section 151 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’), wherein, a prayer has been made to take the factum of death of respondent No. 38-Jarbu, on record and to set aside the judgment and decree, passed by the learned Court below, being passed against a dead person.

2. The brief facts, leading to the filing of the present application, before this Court, may be summed up, as under: 2.1. The appellants have preferred the Regular Second Appeal, before this Court, against the judgment and decree, dated 29th June, 2019, passed by the Court of learned Additional District Judge-1, Mandi, District Mandi, H.P. (hereinafter referred to as ‘the First Appellate Court’), in Civil Appeal No. 42/2013, titled as Joginder and others versus Lohari Devi and others, whereby the appeal preferred by the appellants has been dismissed.

2.2. The said appeal had been filed against the judgment and decree, dated 19th June, 2013, passed by the Court of learned Civil Judge (Junior Division), Karsog, District Mandi, Himachal Pradesh (hereinafter referred to