Section 137 in Himachal Pradesh Co-Operative Societies Rules, 1971
137. Procedure in case of death etc.
(1)If an appellant dies, while the appeal is pending and it cannot be proceeded with unless his legal representative is made a party to the appeal, the appellate authority shall adjourn further proceedings to enable his legal representative to appear and apply for being made a party. If the legal representative fails to do so within 90 days from the date on which the appellant dies, the appeal shall abate as regards the deceased and if he be the sole appellant, the appeal shall be dismissed. It shall be proceeded with as regards the remaining appellant.(2)If the respondent or opponent dies while the appeal is pending, and it cannot be proceeded with unless his legal representative is made a party to the appeal, the appellant shall apply to the appellant authority for making the legal representative of such a respondent or opponent a party to the appeal within 90 days from the date on which the respondent or opponent died. If the appellant fails to do so, the appeal shall abate as regards the deceased. If the deceased be the sole respondent or opponent, the appeal shall be dismissed. In any other case it shall be proceeded with as regards the remaining respondents or opponents.(3)Notwithstanding anything contained in sub-rule (1) and (2) there shall be no abatement by reasons of the death of any party, between the conclusion of the hearing and the pronouncement of the judgement, but the judgement may in such case be pronounced notwithstanding the death, and shall have the same force and effect as it had been pronounced before the death took place. No legal representative need be made a party in such a case.(4)If a question arises in any appeal as to whether a person is, or is not, a legal representative of a deceased party, such question may be determined by the appellate authority, in a summary way, after taking evidence, if necessary.
