IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.284 of 2010 Date of decision : October 6, 2010 Jagat Ram …Petitioner. Versus Nand Kishore and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. R.K. Gautam, Senior Advocate, with Mr. Vikrant Chandel, Advocate. For the Respondents : Mr. Avnish Bhardwaj, Advocate. Surjit Singh, J (Oral) Heard and gone through the record. 2. Petitioner has filed a suit against the respondents for declaration that he was earlier a tenant under them and now, by virtue of provision of Section 104 of the H.P. Tenancy and Land Reforms Act, has acquired title. By way of further relief, he has prayed for issuance of permanent prohibitory injunction. 3. One of the defendants in the suit, namely Rama Devi, died. That defendant had not filed written statement, despite service. An application was moved, under Order 22 Rule 4(4) of the Code of Civil Procedure, for deletion of her name. That application has been dismissed by the trial Court, vide order dated 20th May, 2010, holding that said Whether reporters of the local papers may be allowed to see the judgment? …2… Rama Devi was a necessary party. It is against this order of the trial Court that the present petition is directed. 4. Learned counsel for the petitioner says that the application, under order 22 Rule 4(4) of the Code of Civil Procedure, may be allowed, subject to the condition that in case ultimately the Court comes to the conclusion that the deceased defendant was a necessary party, it may pass appropriate orders, including dismissal of the suit for non- joinder of necessary party. 5. In view of the above submission, present petition is allowed, impugned order is set aside and the application is allowed, subject to just exceptions, including the one that in case at the time of the final disposal of the suit it is found that the suit is bad for non-joinder of legal representatives of deceased defendant Rama Devi, trial Court may pass appropriate orders, including dismissal of the suit, on account of non-joinder of necessary party. Petition stands disposed of. Parties are directed to appear before the trial Court on 2nd November, 2010. October 6, 2010(sd) ( Surjit Singh ), J