Allowed

Sukhdev Singh Deceased through Lrs v. Sukhwinder Singh and Others

Punjab & Haryana HC21 Apr 2026CR/5049/2018

Case brief

AI extract

What is this about?

Revision petition challenging the dismissal of an application for leave to lead additional evidence. The High Court set aside the trial court's order, permitting the additional evidence regarding a family partition document to advance justice, subject to costs.

What did the court decide?

Petition allowed. Order of Additional Civil Judge set aside. Petitioner permitted to lead additional evidence subject to costs of Rs. 20,000/- to respondent No. 4.

Sukhdev Singh Deceased through Lrs Vs Sukhwinder… — Property and Title | Punjab & Haryana HC (2026)

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136 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR-5049-2018 Date of Decision: April 21, 2026

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SUKHDEV SINGH DECEASED THROUGH LRS ........Petitione r Versus SUKHWINDER SINGH AND OTHERS ......Respondents

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CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

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Present: Mr. Sherry K. Singla, Advocate fo r the petitioner.

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Mr. Abhishek Singla, Advocate a nd Mr. Shubham Gupta, Advocate f or respondent No.4. ****

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HARKESH MANUJA, J. (ORAL)

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By w ay of present revision petition filed under Article 227 o f the Constituti o n of India, challenge has been laid to order date d 04.07.2018 passed by the Court of Learned Additional Civil Judg e (Senior Divisio n ), Talwandi Sabo whereby an application preferred at th e instance of petitioner-plaintiff for permission to lead additional evidence i n the form of writing dated 08.01.1969, allegedly conferring rights over a part of the joint property in favour of one of his brothers, namely, Gurde v Singh was declined.

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Bri e fly stating, the petitioner-pl a intiff happened to be son o f deceased Ram Gupta, who had six sons, i n cluding the petitioner-plaintif f as well as G u rdev Singh. Based on a f amily partition/writing date d 08.01.1969, th e petitioner-plaintiff filed a s uit for declaration, claimin g himself to be t he owner in peaceful poss e ssion of land measuring 5 5 kanals 19 mar l as, situated in village Talw a ndi Sabo-I, Tehsil Talwand i Sabo, District B athinda, (as detailed in plai n t). Upon notice, the suit wa s contested at t h e hands of respondent N o s. 4 to 6 by way of written

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TEJWINDER SINGH 2026.04.24 17:30 I agree to specified portions of this document

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CR-5049-2018

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statement wherein the factum of alleged writing dated 08.01.1969 was specifically denied and disputed.

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Upon framing of issues, the parties led their respective evidence; however, at the stage of recording of rebuttal evidence, the petitioner-plaintiff moved an application seeking permission to lead additional evidence in the form of another writing dated 08.01.1969, whereby some portion of the land was allegedly given to one of his brothers, Gurdev Singh. The said application was opposed at the hands of the respondents. Learned trial Court vide order dated 04.07.2018, dismissed the application filed by the petitioner-plaintiff.

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I have heard learned Counsel for the parties and gone through the paper book. 5. Though, apparently, there has been some delay on the part of petitioner-plaintiff in seeking permission to lead additional evidence in the form of writing dated 08.01.1969, allegedly executed in favour of one of his brothers, Gurdev Singh, however, the factum of family partition among all the brother was duly pleaded in the plaint and as such, respondents cannot be said to have been taken by surprise in the given facts and circumstances, when the petitioner-plaintiff is seeking permission to lead additional evidence in the form of one writing dated 08.01.1969. The document now sought to be proved by way of additional evidence would assist the learned trial court in arriving at a just conclusion with respect to the factum of family settlement having taken place amongst the sons of deceased Ram Gupta on 08.01.1969.

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TEJWINDER SINGH 2026.04.24 17:30 I agree to specified portions of this document

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-3-

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CR-5049-2018

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As such, by adopting a pragmatic approach rather than going by technicalities and also keeping in mind that procedural law is meant to advance justice and not to thwart it, the present petition is allowed and order dated 04.07.2018 passed by the Court of Learned Additional Civil Judge (Senior Division), Talwandi Sabo is set aside, subject to payment of costs of Rs. 20,000/- to the respondent No.4. the cost be deposited by the petitioner within two weeks from today. Thereafter the petitioner be afforded opportunity to lead additional evidence.

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Pending application(s), if any, shall also stand disposed of.

21.04.2026

Tejwinder

(HARKESH MANUJA)

J	UDGE
Whether speaking/reasoned	Yes/No
Whether reportable	Yes/No

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TEJWINDER SINGH 2026.04.24 17:30 I agree to specified portions of this document

Sukhdev Singh Deceased through Lrs v. Sukhwinder Singh and Others

Case brief

What is this about?

What did the court decide?

Sukhdev Singh Deceased through Lrs v. Sukhwinder Singh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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