Dismissed¶21

Kulwinder Singh and Ors. v. Amarjit Singh and Ors.

Punjab & Haryana HC22 May 2025CR/87/2025

Case brief

AI extract

What is this about?

Civil revision dismissed by Punjab and Haryana High Court on 22.05.2025; challenge to Civil Judge (JD), Payal order dated 30.11.2024 in Civil Suit No.411 of 2024 (Amarjit Singh versus Rajwinder Kaur and others); leave under Section 151 CPC to file suit without original documents upheld as no irregularity; plaintiff abroad in Australia at filing; affidavits attested by Justice of Peace for Victoria sent via WhatsApp to counsel; condition imposed to furnish original papers on plaintiff's arrival in India treated as adequate safeguard; advocates Chahat Goyal (petitioners) and Amandeep Singh (respondent No.1); single-judge bench of Justice Pankaj Jain (oral).

What did the court decide?

This Court does not find that the learned Trial Court committed any irregularity in allowing the plaintiff's application under Section 151 CPC. ¶20

Kulwinder Singh and Ors. Vs Amarjit Singh and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

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CR-87-2025 (O&M)

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[142] IN THE HIGH COURT OF P UNJAB AND HARYANA AT CHANDIG A RH

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CR-87-2 0 25 (O&M) Date of D ecision : 22.05.2025

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Kulwind e r Singh and others …Petitioners

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versus

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Amarjit S ingh and another ….Respondents

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Coram : HON’BLE MR. JUSTICE PANKAJ JAIN

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Present: Mr. Chahat Goyal, Advocate for the petitioners.

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Mr. Amandeep Singh, Advo c ate for respondent No.1.

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PANKAJ JAIN, J. (ORAL)

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[1] Challenge is to Order dat e d 30.11.2024 (Annexure P-3) passed b y the learned Civil Judge (Juni o r Division), Payal in Civil Su i t No.411 of 2024 titled as ‘ Amarjit Singh versus Rajwinder Kaur and others’ .

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[2] The grievance of the petitio n ers is that at the time of filing o f the plain t , the Court has wrongly allow e d the plaintiff to present appe a l without p roducing documents in origin a l. It is not disputed that at the time of f i ling of the appeal, an applicat i on under Section 151 CPC w a s filed by t h e plaintiff seeking leave, wher e in it was brought to the notice o f the Court that the plaintiff at the time of f iling of the suit was in Australi a . The plai n tiff got attested the affidavits from the Justice of Peace f o r Victoria a nd sent the same through wha t sapp to the counsel. The leave

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Dinesh Kumar 2025.05.28 09:17 I attest to the accuracy and integrity of this document

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CR-87-2025 (O&M)

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was gran t ed by the Court, observing as u n der:-

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“ Heard on the applicatio n under Section 151 CPC moved by plaintiff. Present suit filed with aforesaid application. Keeping into c o nsideration averments of the application duly ann e xed with affidavit, said application is allowed w i th direction to furnish original papers on arrival o f plaintiff to India as soon as possible.”

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[3] In view thereof, this Court d o es not find that the learned Tri a l Court co m mitted any irregularity more so and the plaintiff was put t o condition that he shall produce documen t s in original as soon as possible on his arr i val at India. Finding no merits in the present appeal, the same is

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dismissed .

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[4] All pending miscellaneous application(s), if any, stan d s disposed o ff .

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(PANKAJ JAIN) JUDGE

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22.05.20 2 5 ‘R. Sharma'

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Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No

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Dinesh Kumar 2025.05.28 09:17 I attest to the accuracy and integrity of this document