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Harcharan Singh Vs Gurwinder Singh — Punjab & Haryana HC (2025) — LawSathi Research

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Punjab & Haryana HC
2025
Harcharan Singh Vs Gurwinder SinghHarcharan Singh v. Gurwinder Singh

Disposed¶20

Harcharan Singh v. Gurwinder Singh

Punjab & Haryana HC1 Dec 2025CR/1139/2023

Case brief

AI extract

What is this about?

Punjab & Haryana High Court, Chandigarh; CR-1139-2023 (O&M); decided 01.12.2025 (oral) by Mrs. Justice Alka Sarin; Harcharan Singh v. Gurwinder Singh; civil revision by defendant-petitioner against order dated 16.05.2022 treating cross-examination of PWs Ashwani Sodhi (Deed Writer) and Palwinder Singh (Namberdar) as nil; suit for specific performance; one effective/last opportunity granted to cross-examine; failure would lead to deemed dismissal of revision; advocates: V.K. Sandhir (petitioner), Anupam Bhardwaj (respondent).

What did the court decide?

Revision petition disposed of by granting the defendant-petitioner one effective opportunity to cross-examine Ashwani Sodhi, Deed Writer and Palwinder Singh, Namberdar; failure to cross-examine would result in the revision petition being deemed dismissed. Pending applications, if any, also stood disposed of.

Why is it important?

Keeping in view the nature of the litigation (suit for specific performance) and to do complete justice between the parties, the Court granted one effective opportunity to the defendant-petitioner to cross-examine Ashwani Sodhi, Deed Writer and Palwinder Singh, Namberdar. ¶19

What the court decided

AI extract

Outcome

Revision petition disposed of by granting the defendant-petitioner one effective opportunity to cross-examine Ashwani Sodhi, Deed Writer and Palwinder Singh, Namberdar; failure to cross-examine would result in the revision petition being deemed dismissed. Pending applications, if any, also stood disposed of.

Issue for consideration

Whether the defendant-petitioner should be granted an opportunity to cross-examine PWs Ashwani Sodhi (Deed Writer) and Palwinder Singh (Namberdar), whose cross-examination was treated as nil on 16.05.2022.

Court's answer

Keeping in view the nature of the litigation (suit for specific performance) and to do complete justice between the parties, the Court granted one effective opportunity to the defendant-petitioner to cross-examine Ashwani Sodhi, Deed Writer and Palwinder Singh, Namberdar.

Ratio / Principle

It was made clear that in case the defendant-petitioner fails to cross-examine the aforesaid witnesses, the present revision petition shall stand deemed to have been dismissed.

Detailed headnote1 paragraphs

Civil Revision (CR-1139-2023 O&M), High Court of Punjab and Haryana at Chandigarh — Suit for specific performance — Order dated 16.05.2022 of the court below treated the cross-examination of two PWs, Ashwani Sodhi (Deed Writer) and Palwinder Singh (Namberdar), as nil (opportunity given) — Held, keeping in view the nature of the litigation and to do complete justice between the parties, one effective opportunity granted to the defendant-petitioner to cross-examine both witnesses, with the stipulation that failure to cross-examine would result in the revision petition being deemed dismissed — Revision petition disposed of accordingly; pending applications also disposed of.

A

302

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR-1139-2023 (O&M) Date of Decision : 01.12.2025

Harcharan Singh ... Petitioner

Versus

Gurwinder Singh ... Respondent

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

Present : Mr. V.K. Sandhir, Advocate for the petitioner.

Mr. Anupam Bhardwaj, Advocate for the respondent. (through hybrid mode).

ALKA SARIN, J. (Oral)

Present revision petition has been filed by the defendantpetitioner challenging the order dated 16.05.2022 whereby cross-examination of two PWs i.e. Ashwani Sodhi, Deed Writer and Palwinder Singh, Namberdar, has been treated as nil (opportunity given).

Learned counsel for the defendant-petitioner would contend that on 29.03.2022 the witnesses, namely, PW Rajesh Kumar and PW Palwinder Singh were present. Though, cross-examination of Rajesh Kumar was completed, however the second witness, namely, Palwinder Singh was partly cross-examined and his remaining cross-examination was deferred at the request of counsel for the defendant. Summons were also issued to one Ashwani Sodhi, Deed Writer. The matter was adjourned to 16.05.2022. On 16.05.2022 the cross-examination of Ashwani Sodhi, Deed Writer and Palwinder Singh, Namberdar was treated as nil (opportunity given). Learned

JITENDER KUMAR 2025.12.02 10:28 I attest to the accuracy and authenticity of this document Chandigarh

CR-1139-2023

-2-

counsel for the defendant-petitioner would further contend that on 16.05.2022 affidavit of Ashwani Sodhi, Deed Writer was tendered and the counsel had sought time for cross-examination. However, instead of granting any time for cross-examination, the cross-examination of both Ashwani Sodhi and Palwinder Singh was treated as nil. Learned counsel for the defendantpetitioner has further contended that given one effective opportunity the defendant-petitioner would cross-examine the aforesaid witnesses.

Per contra learned counsel for the plaintiff-respondent would contend that despite opportunity having been given to the defendantpetitioner, the cross-examination was not conducted by him.

Heard.

In the present case, the suit is for specific performance. Keeping in view the nature of litigation and in order to do complete justice between the parties, this Court deems is appropriate to grant one effective opportunity to the defendant-petitioner to cross-examine of Ashwani Sodhi, Deed Writer and Palwinder Singhl, Namberdar. It is made clear that in case the defendantpetitioner fails to cross-examine the aforesaid witnesses, the present revision petition shall be deemed to having been dismissed.

The revision petition is disposed off in the above terms. Pending applications, if any, also stand disposed off.

01.12.2025 ( ALKA SARIN ) jk JUDGE

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

JITENDER KUMAR 2025.12.02 10:28 I attest to the accuracy and authenticity of this document Chandigarh

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the defendant-petitioner should be granted an opportunity to cross-examine PWs Ashwani Sodhi (Deed Writer) and Palwinder Singh (Namberdar), whose cross-examination was treated as nil on 16.05.2022.medium confidence¶16
The court held
Keeping in view the nature of the litigation (suit for specific performance) and to do complete justice between the parties, the Court granted one effective opportunity to the defendant-petitioner to cross-examine Ashwani Sodhi, Deed Writer and Palwinder Singh, Namberdar.ratio¶19

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 16.05.2022 whereby the cross-examination of two PWs, Ashwani Sodhi (Deed Writer) and Palwinder Singh (Namberdar), was treated as nil (opportunity given)¶11
16.05.2022
Prior proceeding
On 29.03.2022, PW Rajesh Kumar and PW Palwinder Singh were present; cross-examination of Rajesh Kumar was completed, while Palwinder Singh was partly cross-examined and his remaining cross-examination was deferred at the request of counsel for the defendant.¶12
Prior proceeding
Summons were issued to Ashwani Sodhi, Deed Writer, and the matter was adjourned to 16.05.2022.¶12
Prior proceeding
On 16.05.2022, the affidavit of Ashwani Sodhi, Deed Writer was tendered and counsel sought time for cross-examination; instead, the cross-examination of both Ashwani Sodhi and Palwinder Singh was treated as nil.¶16
Prior proceeding
The suit out of which the revision arises is for specific performance.¶19

Parties & counsel

AI extract

petitioner
Harcharan Singh¶4
V.K. Sandhir
respondent
Gurwinder Singh¶6
Anupam Bhardwaj

Coram

AI extract

Alka Sarinauthor¶7

Case details

As recorded by the court registry

Court: Punjab & Haryana HC
Decided on: 1 Dec 2025 · December
Registered: 17 Feb 2023
Case no.: CR/1139/2023
CNR: PHHC010222392023
Bench: Alka Sarin
Disposal: DISPOSED OF
Case type: CR

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Cite this judgement

Harcharan Singh v. Gurwinder Singh, CR/1139/2023 (P&H), decided on 1 December 2025.

The High Court of Punjab and Haryana publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history5

Order dated 16.05.2022 whereby the cross-examination of two PWs, Ashwani Sodhi (Deed Writer) and Palwinder Singh (Namberdar), was treated as nil (opportunity given)16.05.2022
On 29.03.2022, PW Rajesh Kumar and PW Palwinder Singh were present; cross-examination of Rajesh Kumar was completed, while Palwinder Singh was partly cross-examined and his remaining cross-examination was deferred at the request of counsel for the defendant.
Summons were issued to Ashwani Sodhi, Deed Writer, and the matter was adjourned to 16.05.2022.

View full history

Bench / Coram

Alka Sarin

Parties & counsel