IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.4943 of 2006 Date of Decision:- 26.02.2008 Jagbir Singh and others ....Petitioner(s) through Mr.B.S.Jaswal, Advocate vs. Avtar Singh and others ....Respondent(s) through None. *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) The petitioners are aggrieved at the order dated 23.8.2006 passed by the M.A.C.T, Amritsar, whereby their application under Order 22 Rule 4 CPC for impleading the legal representatives of Manmohan Singh- respondent No.2, has been dismissed on the ground that no such application was maintainable as the claim petition itself was filed against a dead person. Notice of motion was issued and in response thereto, the legal representatives of Manmohan Singh have been served, however, no one appears on their behalf. The petitioners are the claimants. It is their grievance that they had no knowledge of death of Manmohan Singh at the time when the claim petition was filed. It is only when the process serving agency reported that Manmohan Singh had already died on 10.2.1992 that they moved the application. It is contended that since the claim petition had been filed by C.R. No.4943 of 2006 -2- the petitioner against a dead person without knowledge of his death, they are entitled to implead the legal representatives of the said deceased respondent. Reliance has been placed upon a judgment of this Court in the case of Joginder Singh vs. Chander Kanta through LR and others, 2006 (4) RCR (Civil)418. Having heard learned counsel for the petitioner and in the light of the plea taken by the petitioners that they had no knowledge of the death of Manmohan Singh at the time of filing of claim petition, this revision petition is allowed; the impugned order dated 23.8.2006 is set aside and the application moved by them for impleadment of legal representatives of Manmohan Singh is allowed. The petitioners are directed to appear before the Tribunal on 20.3.2008. February 26, 2008 ( SURYA KANT ) poonam JUDGE