IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LPA No. 198 of 2006 Date of Decision: 23.09.2008 Improvement Trust, Ropar ...Appellant versus Azad Singh 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-respondents No.1&2 Mr. H.S.Sidhu, Addl. A.G. Punjab for respondent No.3 ***** T.S.Thakur, C.J. (Oral) CM No. 898 of 2006 There is a delay of 165 days in the filing of this appeal. The present application seeks condonation of the same. For the reasons stated in the application, the delay is condoned and the C.M. application disposed of. LPA No.198 of 2006 This appeal arises out of an order dated 9.2.2006 passed in CMA No. 25600 of 2003 filed in Review Petition No. 410 of 2003, whereby learned Single Judge of this Court, has allowed the said application and brought on record the legal representatives of late Smt. Surjit Kaur the petitioner in writ petition No. 1264 of 1987. Having heard learned counsel for the parties, we are of the view that the order under appeal does not suffer from any illegality or material irregularity to call for interference. It is common ground that Smt. Surjit Kaur petitioner in Civil Writ Petition No. 1264 of 1987 had passed away LPA No. 198 of 2006 [2] leaving behind the applicants in CMA No. 25600 of 2003 as her legal representatives. On an application being filed by them for substitution as legal representatives of the deceased Smt. Surjit Kaur, the learned Single Judge was of the view that the applicants deserved to be impleaded in the light of the judgment passed by a Civil Court in which both the applicants had been held to be the only legal heirs of Smt. Surjit Kaur. The fact that applicants are the legal heirs of Smt. Surjit Kaur is not disputed even by learned counsel for the applicant before us. All that is argued by him was that apart from the applicants, one Jaswant Singh, was also a legal heir left behind by deceased Smt. Surjit Kaur. Assuming that to be so, the fact that two out of three legal representatives of the deceased Smt. Surjit Kaur have been substituted in place of the deceased, was sufficient to represent the estate of the deceased. While the appellant could insist on addition of Jaswant Singh also as a party to the proceedings in his capacity as legal heir of deceased Smt. Surjit Kaur, no fault could be found with the substitution of the other legal heirs, who admittedly were the legal heirs of the deceased. Suffice it to say that there is neither any illegality nor any irregularity in the order passed by the learned Single Judge in so far as the addition of the respondents as legal heirs of the deceased Smt. Surjit Kaur is concerned. There is no merit in this appeal which fails and is hereby dismissed. No costs. (T.S.THAKUR) CHIEF JUSTICE (SURYA KANT) 23.09.2008 JUDGE 'ravinder'