JUDGMENT Dr. Bharat Bhushan Parsoon, J. (Oral): - A registered trust with the name of Major Gian Singh Charitable Education Trust, Dakha, District Ludhiana with two others, had filed a suit for declaration that ex-parte judgment and decree dated 12.12.2007 was obtained by fraud and concealment of facts as also by setting up of a false and invalid Will etc. and thus they had sought setting aside of the same. 2. In the said suit S. Manjit Singh, General Secretary of the Trust is plaintiff No.3. During pendency of the suit, said Manjit Singh, General Secretary had died and the Trust had elected Dr. Harbans Singh in his place as General Secretary of the Trust. Consequently, vide an application made under Order I Rule 10 CPC, substitution of Dr. Harbans Singh in place of Manjit Singh was made which plea was accepted by the court below vide the impugned order. 3. Non-applicant Rajinder Singh Dhillon, who is defendant No.1 in the suit, has filed this petition challenging the said order and substitution of Dr. Harbans Singh in place of Manjit Singh, General Secretary (since deceased) who died on 7.1.2012. 4. When Manjit Singh, General Secretary was neither litigating in his individual capacity nor had put up any individual claim and was only holding forte as General Secretary for and on behalf of the Trust and after his death has now been substituted by Dr. Harbans Singh, the lower court discussing all the aspects and attending circumstances validly and legally substituted Dr. Harbans Singh as General Secretary of the Trust in place of Manjit Singh, earlier General Secretary as he had died during proceedings of the suit. 5. It is further to be noticed that the suit is at the stage of evidence of the defendants. In any case, substitution of one General Secretary for the other who is died, does not affect the merits of the case as also interest or stake of the defendants in the lis or litigation pending for adjudication. Merely because wrong provision was mentioned in the application of substitution of Dr. Harbans for Manjit Singh as General Secretary of the Trust, is not a circumstances to ignore the content and substance of the application. Consequently, the revision petition is dismissed. 6. The suit is pending since 2008 and has not been adjudicated as yet. Merely because wrong provision was mentioned in the application of substitution of Dr. Harbans for Manjit Singh as General Secretary of the Trust, is not a circumstances to ignore the content and substance of the application. Consequently, the revision petition is dismissed. 6. The suit is pending since 2008 and has not been adjudicated as yet. There being no factual or legal infirmity in the impugned order and there being no substance in the petition of the defendants who are not affected by the substitution made by the court, the petition is dismissed in limine. 7. Since the suit is pending since the year 2008, the same shall be decided within three months even by taking day to day proceedings, if the situation so demands. ---------0.B.S.0------------ —————————