C.R. No. 77/2009 9.10.2009 Present: Mr. Nimish Gupta, Advocate, for the petitioner. Mr. Anand Sharma, Advocate, for the respondent Smt. Champa Mahajan, respondent herein as plaintiff filed a suit against Shri Ranjeet Singh, predecessor-in-interest of the petitioner herein before the Addl. District Judge, Chamba. In terms of judgment and decree dated 23.7.2005, the suit was decreed by the trial Court. It was only at the stage of execution of the said judgment and decree that the plaintiff learnt about the death of Shri Ranjeet Singh, which had taken place prior to the date of passing of the decree. None of the legal heirs of late Shri Ranjeet Singh or his counsel had brought the factum of his death to the notice of either the plaintiff/his learned counsel or the Court. In terms of the impugned order dated 6.1.2009, the Court below has simply recalled the judgment and decree dated 23.7.2005 and restored the suit, after substituting the name of Shri Ranjeet Singh with that of his legal representatives, to its original position. Mr. Anand Sharma, learned counsel has referred to the decisions reported in Laxmi Devi & Ors. vs. The Civil Judge (Sr. Division) Bayana & Ors., 2008(3) Civil Court Cases 766 (Rajasthan) and Saraswati & Ors. vs. Hazari Lal & Ors, 1990 Civil Court Cases 20 (P&H). I find no infirmity, illegality or perversity in the impugned order. The present petition, devoid of merit, is dismissed. ( Sanjay Karol ), Judge. October 9, 2009 (rana)