IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 1282 of 2011 Date of decision: 4.5.2011 Varinder Kumar Bassi … Petitioner versus Satpal Halwai and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Satbir Rathore, Advocate, for the petitioner Mr. Deepak Arora, Advocate for the respondent ... ARVIND KUMAR, J: The present petitioner is the plaintiff in the suit for possession or in the alternative, for separate possession titled Varinder Kumar Bassi v. Satpal Halwai and others who are none else but the co- sharers in the suit property. Suit was instituted on 19.11.2007. Defendant No.2 was Dharam Kaur alias Dharmo who as revealed, has already expired on 24.7.2005. The same necessitated the plaintiff to file an application under Order 1 rule 10 read with Order 6 rule 17, Code of Civil Procedure, for impleading the legal representatives of said Dharam Kaur. The application has been dismissed vide impugned order dated 21.1.2011 passed by the Civil Judge(Junior Division), Dasuya, holding that the suit against a dead person is a nullity. Hence, this revision. Heard. Counsel for the petitioner contends that Dharam Kaur was impleaded as one of the defendants on the basis of jamabandi for the year 2003-04 wherein her name duly finds mention in the column of ownership. Therefore, at the time of filing of the suit, the petitioner was not aware of the death of Dharam Kaur in the year 2005 and as such, the same revolved upon her services. Further, apart from Dharam Kaur, there are C.R. No. 1282 of 2011 -2- other defendants who are co-sharers and have been impleaded as parties and as such, the character of the suit in no way is going to be affected and the suit cannot be termed as a nullity. On similar facts, this issue has been settled by this Court in Bhupinder Singh v. Jagrup Singh, 1999(2) RCR (Civil) 444. In view of this, the revision petition is allowed and the impugned order is set aside. Trial Court is directed to permit the present petitioner to make necessary amendment in the plaint as prayed for. May 4, 2011 ( ARVIND KUMAR ) JS JUDGE