IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 289 of 2009 Date of Decision: 30.08.2010 Rajbir Kaur and another .... Petitioners Versus Karanjit Singh and another ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Sumeet Mahajan, Sr. Advocate with Mr. GPS Bal, Advocate for the petitioners Mr. M.S. Kang, Advocate for the respondents ALOK SINGH, J. (ORAL) Present petition is filed challenging order dated 10.1.2009 passed by learned Civil Judge (Sr. Divn.) Fatehgarh Sahib whereby application moved by the plaintiff for impleading him as LR of Jeon Singh – defendant No. 1 was allowed. With the consent of learned counsel for the parties, present petition is being disposed of in the following terms:- (i) Since plaintiff is the legal heir of Jeon Singh – defendant No. 1, hence the only course open would be to write word 'deceased; after the description of Jeon Singh in the array of the parties. (ii) Order impugned impleading the plaintiff as legal heir of the defendant is not in accordance with law, hence, is set aside. (iii) If Jeon Singh - defendant No. 1 is still alive as C.R. No. 289 of 2009 2 claimed by learned counsel for the petitioners, he shall be at liberty to appear in person before the trial Court and to prove his identity. (iv) Any person claiming himself to be legal heir of Jeon Singh shall also be at liberty to raise and prove his claim. (v) Civil Court shall decide the case as early as possible preferably within one year from today without granting any unnecessary adjournment to either of the party. Petition stands disposed of in the above terms with the consent of learned counsel for the parties. (ALOK SINGH) 30.08.2010 JUDGE reena