IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LPA No. 117 of 2006 Date of Decision: 23.09.2008 Improvement Trust, Ropar ...Appellant versus Simrajit Kaur and others ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE SURYA KANT Present : Mr. T.S.Gujral, Advocate for the applicant-appellant Mr. P.S.Kang, Advocate for non-applicant-respondent No.1 Mr. H.S.Sidhu, Addl. A.G. Punjab for respondent No.2 ***** T.S.Thakur, C.J. (Oral) CM No. 595 of 2006 There is a delay of 75 days in the filing of this appeal. The present application seeks condonation of the same. For the reasons stated in the application, which is supported by an affidavit, the delay is condoned and C.M. disposed of. LPA No.117 of 2006 This appeal arises out of an order passed by learned Single Judge of this Court whereby an application filed by the respondents for review and recall of the order of dismissal for non prosecution has been allowed and order dated 6.5.2003 passed by the Court dismissing Civil Writ Petition No. 1264 of 1987 for non prosecution recalled. We have heard learned counsel for the parties and perused the order under appeal. We have also been taken through order dated 6.5.2003 which was in the following words:- LPA No. 117 of 2006 [2] “ It is stated by learned counsel appearing on behalf of respondent No. 2 that as this writ petition has become infructuous by the efflux of time, it be dismissed accordingly. As no one turns up on behalf of the petitioner to press this writ petition, it is accordingly dismissed but without costs.” It is not in dispute that as on the date of the passing of the order, the petitioner had already passed away. It is also not in dispute that information regarding the death of the petitioner had been conveyed to the Improvement Trust by Jaswant Singh, the eldest son left behind the deceased, on 31.10.1995. That being so, non-appearance of the petitioner and her counsel Mr. Dilbagh Singh Sangha, Advocate who was engaged by Surjit Kaur had left India and settled abroad. Such being the position, the legal heirs of the deceased were justified in making an application for recall of the said order and restoration of the writ petition even belatedly, especially when it was their case that they did not know about the pendency of the writ petition. In as much as, learned Single Judge has accepted that version and restored the petition to its original number for being heard on merits, he committed no mistake to warrant interference. There is no merit in this appeal which fails and is hereby dismissed. (T.S.THAKUR) CHIEF JUSTICE (SURYA KANT) 23.09.2008 JUDGE 'ravinder'