Revision against refusal to send disputed pronotes and receipts to Nasik printing press for examination. Court held they were merely corroborative evidence of financial capacity; defendant could still lead evidence to refute. Petition dismissed.
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2024:PHHC:019464
CR-377-2024 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-377-2024 (O&M) Reserved on : 05.02.2024 Date of decision : 13.02.2024
Gurmail Singh ... Petitioner(s) Versus Gurwinder Singh ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Ravish Bansal, Advocate for the petitioner.
ALKA SARIN, J.
Yogesh Sharma 2024.02.13 13:54 I attest to the accuracy and integrity of this order/judgment. High Court Chandigarh
2024:PHHC:019464
CR-377-2024 (O&M) 2
dated 17.05.2021 executed by the defendant-petitioner regarding land being 800/809 share of the land measuring 40 Kanals 09 marlas on payment of Rs.45,00,000/- less Rs.43,00,000/- already paid by the plaintiff-respondent to the defendant-petitioner on account of earnest money. During the pendency of the suit, the plaintiff-respondent, in order to show his financial capacity, examined one Mithu Singh son of Jaswant Singh who produced the original pronotes and receipts dated 10.05.2021 and also examined the marginal witnesses of these pronotes and receipts namely Bakhsish Singh and Ajmer Singh to show that the amount had been borrowed for payment of the amount as agreed. The defendant-petitioner filed an application for sending the original pronotes and receipts dated 10.05.2021 to Chief General Manager, Revenue Printing Press, Nasik for recognizing the year and impression and printing on the One Rupee Revenue Stamp which was affixed on the pronotes and receipts. The said application was dismissed vide the impugned order dated 30.11.2023 (Annexure P-6). The Trial Court held that the case in hand was whether a valid and legal agreement to sell was executed between the plaintiff-respondent and his father i.e. the defendant-petitioner herein and only after perusal of the evidence any finding regarding the authenticity of the pronotes and receipts could be given by the Court at the time of final judgment and at this stage neither it is relevant nor necessary to send the pronotes and receipts to Chief General Manager, Revenue Printing Press, Nasik. It was further held that the pronotes in question were only corroborative piece of evidence to prove the
Yogesh Sharma 2024.02.13 13:54 I attest to the accuracy and integrity of this order/judgment. High Court Chandigarh
CR-377-2024 (O&M) 3
2024:PHHC:019464
financial capacity.
13.02.2024 ( ALKA SARIN ) Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO
Yogesh Sharma 2024.02.13 13:54 I attest to the accuracy and integrity of this order/judgment. High Court Chandigarh
1 issue framed by the court
Whether the trial court erred in refusing to send disputed pronotes and receipts to the Nasik Revenue Printing Press for examination at this stage.
1 provisions across 1 enactments
Gurmail Singh
Gurwinder Singh
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
