C.R. No.7097 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.7097 of 2008 Date of decision:01.12.2009 Guru Nanak Public School Committee (Regd.) …Petitioner Versus Jasbir Singh Chahal and others …Respondents Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr. O. P. Goel, Sr. Advocate with Mr. Varun Sharma and Haripal Verma, Advocates for the petitioner. Mr. Gurcharan Dass, Advocate for respondent No.4. L. N. MITTAL, J (ORAL) The suit was filed on behalf of Guru Nanak Public School Committee (Regd.), Sarabha Nagar, Ludhiana (in short, the Committee) through Bhagat Singh as President and Jagat Singh as Secretary of the Committee. Both Bhagat Singh and Jagat Singh have since died. Prem Singh respondent No.4 and Harmohinder Singh moved application (Annexure P-5) for substituting their names as President and General Secretary respectively of the Committee in place of Jagat Singh. However, later on Harmohinder Singh moved application (Annexure P-7) for withdrawing application (Annexure P-5). Learned Civil Judge (Senior Division), Ludhiana vide impugned order dated 06.12.2007 (Annexure P-8) has disposed of application (Annexure P-5) by ordering that Jagat Singh, who was earlier Secretary of the Committee through whom the suit had been filed be substituted by Prem Singh and Harmohinder Singh as President and General Secretary respectively of the Committee. The said order has been assailed by the Committee through its General Secretary C.R. No.7097 of 2008 -2- Surinder Singh, who is son of Jagat Singh aforesaid. I have heard learned counsel for the parties and perused the case file. Harmohinder Singh had already moved application (Annexure P-7) for withdrawing application (Annexure P-5), but in spite thereof, even Harmohinder Singh has been impleaded as General Secretary of the Committee. In addition thereto, Harmohinder Singh had already died (as submitted by learned counsel for the parties) before the passing of the impugned order dated 06.12.2007. In fact, learned counsel for the petitioner states that Harmohinder Singh had died on 28.11.2006 i.e more than a year before the passing of the impugned order. In addition to the aforesaid, it has been observed in the impugned order that Jasbir Singh and Surinder Singh both sons of Jagat Singh aforesaid had already moved an application for being impleaded as President and Secretary respectively of the Committee in place of Jagat Singh since deceased. However, in the impugned order, learned Trial Court has not discussed or disposed of the said application. Without adjudicating upon the said application moved by Jasbir Singh and Surinder Singh, the application (Annexure P-5) moved by Prem Singh and Harmohinder Singh could not have been allowed by passing the impugned order. It is thus manifest that the impugned order is completely illegal and unsustainable. In view of the aforesaid, instant revision petition is allowed and impugned order dated 06.12.2007 (Annexure P-8) passed by Civil Judge (Senior Division), Ludhiana is set aside and the matter is remanded to the Trial Court for passing fresh order in accordance with law. The trial Court shall consider and dispose of both the applications i.e one moved by Jasbir Singh and Surinder Singh and the other moved by Prem Singh and Harmohinder Singh, by a common order. C.R. No.7097 of 2008 -3- The parties are directed to appear before the trial Court on 15.12.2009, the date said to be already fixed there. ( L. N. MITTAL ) JUDGE 01.12.2009 A.Kaundal