C.R. No. 5183 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 5183 of 2009 Date of Decision: September 10, 2009 Malkiat Kaur …..Petitioner Vs. General Public …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. N.S. Sodhi, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) Vide impugned order, a petition under Section 372 of the Indian Succession Act, (for short ‘the Act’) for issuance of succession certificate in favour of petitioner in respect of assets of Ram Kaur has been dismissed on the ground that the petitioner has failed to implead Amar Singh, Baldev Singh, sons and Amar Kaur, daughter of the deceased as party to the application for succession certificate. C.R. No. 5183 of 2009 [2] After going through the impugned order, it appears that only general public had been impleaded as respondent by the petitioner in her application under Section 372 of the Act. Once it had come to the notice of the Court that there were other natural heirs available, the trial Court could have impleaded them as party exercising jurisdiction under Order 1 Rule 10 (2) CPC, as no body was appearing on behalf of the respondent- general public and the entire evidence had been lead by the petitioner ex-parte. In the interest of justice and fairness, the impugned order dated April 25, 2009 deserves to be set aside. Ordered accordingly. The order dated April 25, 2009 is hereby set aside with a direction to the petitioner to file an application under Order 1 Rule 10 CPC to implead natural heirs of deceased- Ram Kaur, namely, Amar Singh, Baldev Singh and Amar Kaur. In case, any such application is filed by October 3, 2009, the same will be allowed. The trial Court will issue notice to the added respondents and proceed in accordance with law after giving them fair opportunity to put-forth their plea, if any. Petitioner is directed to appear before the trial Court on October 3, 2009. It is made clear that in case no application is moved by October 3, 2009, this petition will be deemed to have been dismissed. Disposed of in the aforesaid terms. September 10, 2009 (M.M.S.BEDI) sanjay JUDGE