CIVIL APPEAL 62 of 1997 on 31 December 2016

RSA No.62 of 1997.

22.03.2017. Present: Mr.Karan Singh Kanwar, Advocate, for the appellants.

None for the respondents.

CMPs No. 1330 & 1331 of 2017.

The learned District Judge, Sirmaur at Nahan, vide his letter dated 31.12.2016 has sought extension of time. Having gone through the same, the request for extension of time is allowed and time to decide the appeal is extended upto 30[th] June, 2017.

Vide Another communication dated 11/16.01.2017, the learned District Judge has sought guidance from this Court as to whether he can proceed to decide the question of abatement vis-à-vis Gurdeep Singh, who has died on 04.06.2015 when RSA was on the dockets of this Court.

It is more than settled that only that Court can decide the question of abatement where the abatement is alleged to have been taken place. Therefore, the learned District Judge is not competent to decide the question of abatement. Let the District Judge be informed accordingly. Applications stand disposed of.

March 22, 2017.(krt)

(Tarlok Singh Chauhan), Judge.