Allowed

Bindiya Kalra v. Surekha Dhand and Others

Punjab & Haryana HC28 Oct 2024CR/823/2024

Case brief

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What is this about?

Revision petition against an order permitting defendants' handwriting and fingerprint expert to inspect the judicial file and photograph two Wills before written statement was filed. The High Court held the application premature and contrary to settled law, set aside the order, and granted liberty to move a fresh application at an appropriate stage.

What the court decided

AI extract

Bindiya Kalra Vs Surekha Dhand and Others — Property and Title | Punjab & Haryana HC (2024)

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119

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR-823-2024 (O&M) Date of Decision : 28.10.2024

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Bindiya Kalra ... Petitioner(s)

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Versus

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Surekha Dhand & Ors ... Respondent(s)

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CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

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Present: Mr. N.K. Manchanda, Advocate for the petitioner.

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Mr. Aayush Gupta, Advocate for respondent Nos.1 and 2.

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ALKA SARIN, J. (Oral)

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The present revision petition has been filed impugning the order dated 11.01.2024 whereby the application filed by the defendant-respondent Nos.1 and 2 for allowing a Handwriting and Fingerprint Expert engaged by them to inspect the judicial file and to take photographs of the Wills dated 23.08.1998 and 17.04.1992, has been allowed.

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Learned counsel for the contesting defendant-respondent Nos.1 and 2 at the outset states that the impugned order may be set aside granting the defendant-respondent Nos.1 and 2 liberty to move the application at an appropriate stage.

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Heard.

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In the present case the application for permitting the Handwriting and Fingerprint Expert to inspect the judicial file and to take photographs of the Wills dated 23.08.1998 and 17.04.1992 was filed even prior to the written statement being filed. The Trial Court vide the impugned order dated 11.01.2024 allowed the application on a completely wrong

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Yogesh Sharma 2024.10.29 09:39 I attest to the accuracy and integrity of this order/judgment. High Court Chandigarh

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CR-823-2024 (O&M)

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-2-

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premise. Though noticing in para 4 of the order that the application was premature as the written statement had not been filed, however, the Trial Court has also recorded that there is no provision in law when an application for examining a Handwriting Expert can be filed and that it is the right of the party to examine the Handwriting Expert at any stage and thus allowed the application. In the absence of completion of pleadings, at such a premature stage, the application for permitting a Handwriting Expert to inspect the judicial file and to take photographs of the Wills dated 23.08.1998 and 17.04.1992, which are subject matter of the suit, is totally contrary to all the settled provisions of law.

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In view of the above and in view of the statement made by the learned counsel for the contesting defendant-respondent Nos.1 and 2, the present revision petition is allowed. The impugned order dated 11.01.2024 is set aside. However, the defendant-respondent Nos.1 and 2 would be at liberty to move an appropriate application, if so advised, at an appropriate stage which shall then be dealt with by the Trial Court strictly in accordance with law.

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Disposed off accordingly. Pending applications, if any, also stand disposed off.

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28.10.2024 ( ALKA SARIN ) Yogesh Sharma JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

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Yogesh Sharma 2024.10.29 09:39 I attest to the accuracy and integrity of this order/judgment. High Court Chandigarh

Bindiya Kalra v. Surekha Dhand and Others

Case brief

What is this about?

What the court decided

Bindiya Kalra v. Surekha Dhand and Others

Case brief

What is this about?

What the court decided

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