IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6516 of 2009(O&M) Date of Decision: May 9, 2011. Fateh Singh. ...... PETITIONER(s) Versus Raghbir and others. ...... RESPONDENT (s) CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Arun Yadav, Advocate for the petitioner. Mr. Jai Vir Yadav, Advocate for respondents No.1 to 5. ***** RAM CHAND GUPTA, J.(Oral) The present revision petition has been filed under Article 227 of the Constitution of India read with Section 151 of Code of Civil Procedure for setting aside impugned order dated 23.09.2009, Annexure P7 passed by learned Civil Judge(Junior Division), Rewari vide which application of petitioner filed under Order 1 Rule 10 CPC was dismissed. I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court. CR No.6516 of 2009 It has been contended by learned counsel for the petitioner that respondents-plaintiffs have filed suit against his father, Mohar Singh, who has been impleaded as defendant No.3 though he had already expired and that hence, petitioner being son of Mohar Singh is a necessary party to be impleaded. It has also been contended that the suit filed by respondents- plaintiffs against dead person is liable to be dismissed. On the other hand, it has been contended by learned counsel for the respondents that even from the averments of petitioner and from the documents placed on record before this Court, it cannot be said that Mohar Singh had died in the year 2001-2002 as claimed by the petitioner. Application filed by petitioner-applicant for impleading him as a party being son of Mohar Singh –defendant No.3, who had allegedly expired was dismissed by learned trial Court summarily by observing that petitioner has failed to mention specific date of death of defendant No.3 and he has also not placed on record specific death certificate or any other document or ration card. Petitioner has now placed on record before this Court some documents i.e. a copy of certificate issued by Sarpanch, Nambardar and Chowkidar of Gram Panchayat, village Kheri Sultan, District Jhajjar to the effect that Mohar Singh used to reside in the village and he died on 30.11.2000. He has also placed on record some other documents i.e. copy of certificate issued by Sarpanch, Nambardar of village Kheri Sultan giving details of family of deceased –Mohar Singh, copy of ration card, Annexure P5 of the family of Mohar Singh and copy of death report from the register of Chowkidar of the village Kheri Sultan, District Jhajjar. Though, it has been argued by learned counsel for respondents-plaintiffs that there are some discrepancies in the 2 CR No.6516 of 2009 said documents however, he can take the said plea before the trial Court, if so advised. Application of petitioner was dismissed by learned trial Court in summary way. In my view, this type of application cannot be dismissed in a summary way. Even summons were received by learned trial Court with the report that Mohar Singh had left the village Raliyawas 40-45 years ago. Thereafter he was proceeded against ex parte on the basis of Munadi conducted in that village only, where he was not residing. Hence, in view of these facts, the present revision petition is accepted and impugned order is set aside. Learned trial Court is directed to decide the application filed by petitioner under Order 1 Rule 10 CPC for impleading him as a party afresh by giving opportunity to both the parties to lead evidence on the application and the reply thereof. Disposed of accordingly. ( RAM CHAND GUPTA ) May 9, 2011. JUDGE 'om' 3