Anil Kshetarpal, J.

The plaintiff-appellant is in the regular second appeal against the judgment passed by the first appellate court, dismissing the appeal on the ground that the sole respondent impleaded in the memorandum of appeal had died before the institution of the appeal.

2. In the present case, late Shri Nand Ram was the only defendant in the case who was represented by a counsel. He died on 21.7.1987 two months before the decision of the case by the trial court. However, it is not clear as to whether the factum of death of late Shri Nand Ram was brought to the notice of the trial court or not.

3. The plaintiff-appellant filed an appeal impleading late Shri Nand Ram as respondent in the appeal. An application was filed by one legal representative of Nand Ram, pointing out that the appeal was instituted against a dead person and hence nullity. The plaintiff-appellant while filing reply, although denied the assertions made but prayed that in case it is proved that late Shri Nand Ram died, his legal heir may be permitted to be brought on record. However, the first appellate court dismissed the appeal on the ground that since sole respondent had died before institution o