IN THE HIGH COURT OF PUNJAB AND HARYANA 113 Sukhmanjit Kaur @ Sukhmanjeet Kaur General Public and others CORAM: Present:- NIDHI GUPTA J. (Oral) the orders P-5) passed by the learned Civil Judge (Sr. Divn.), Jagadhri in Succession Case No.SUCC/10/2018 titled as “Smt. Paramjit Kaur & others vs. General Public & others”, whereby the learned trial Court vide order dated 17.12.2025 (Annexure P evidence of the petitioner by Court order and vide order dated 19.2.2026 (Annexure P petitioner for leading the additional evidence. passed by the learned Civil Judge (S Civil Revision No.3696 of 2026 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3696 of 2026 Date of decision : Sukhmanjit Kaur @ Sukhmanjeet Kaur Versus General Public and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Himanshu Munjal, Advocate for the petitioner. NIDHI GUPTA J. (Oral) Prayer in the present revision petition is for setting aside the orders dated 17.12.2025 (Annexure P- 5) passed by the learned Civil Judge (Sr. Divn.), Jagadhri in Succession Case No.SUCC/10/2018 titled as “Smt. Paramjit Kaur & others vs. General Public & others”, whereby the learned trial Court e order dated 17.12.2025 (Annexure P evidence of the petitioner by Court order and vide order dated 19.2.2026 (Annexure P-5) dismissed the application moved by the petitioner for leading the additional evidence. On 17.12.2025 the following impugned order was ed by the learned Civil Judge (Sr. Divn.), “No RW is present. Adjournment sought by learned counsel for respondent. Heard. In these circumstances as well as considering the fact, that the respondent has alread Civil Revision No.3696 of 2026 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ivil Revision No.3696 of 2026 (O & M) Date of decision :-01.05.2026 Sukhmanjit Kaur @ Sukhmanjeet Kaur …..Petitioner …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Himanshu Munjal, Advocate Prayer in the present revision petition is for setting aside -1) and 19.2.2026 (Annexure 5) passed by the learned Civil Judge (Sr. Divn.), Jagadhri in Succession Case No.SUCC/10/2018 titled as “Smt. Paramjit Kaur & others vs. General Public & others”, whereby the learned trial Court e order dated 17.12.2025 (Annexure P-1) proceeded to close the evidence of the petitioner by Court order and vide order dated 5) dismissed the application moved by the petitioner for leading the additional evidence. e following impugned order was r. Divn.), Jagadhri :- No RW is present. Adjournment sought by learned counsel for respondent. Heard. In these circumstances as well as considering the fact, that the respondent has already availed VIJAY ASIJA 2026.05.01 18.29 I attest to the accuracy and integrity of this document learned Civil Judge (Sr. Divn.), Jagadhri : Civil Revision No.3696 of 2026 (O & M) sufficient effective opportunities including the last opportunity to conclude its evidence, this Court does not find any justification in adjourning the case once again for the same purpose. Hence, evidence of respondent is hereby closed by Court upon 19.01.2026 for arguments. On 19.02.2026, the following order was passed by the Civil Judge (Sr. Divn.), Jagadhri : “This order shall dispose of an application filed by applicant-Sukhmanjeet Kaur for leading additional evidence. It was stated and argued by learned advocate for the applicant that the applicant is daughter of late Sh.Pritpal Singh from his first wife, she had filed a petition under Section 372 of Indian Succession Act; Paramjit Kaur who was the second wife of late Sh.Pritpal Singh filed a separate petition for Succession Certificate. Both the cases were consolidated vide order dated 28.03.2023; the case filed by Paramjit Kaur was treated as the main case and the case filed by Sukhmanjeet Kaur was consolida the case titled "Paramjit Kaur vs. General Public". The evidence of Paramjit Kaur was recorded, thereafter the case was fixed for evidence of the applicant Sukhmanjit Kaur. At the time of leading her evidence Paramjit Kaur did not produce the comp retirement of Sh.Dalbir Singh and the Affidavit, Nomination Form etc that were executed in favour of applicant Sukhmanjeet Kaur. The Civil Revision No.3696 of 2026 (O & M) 2 sufficient effective opportunities including the last opportunity to conclude its evidence, this Court does not find any justification in adjourning the case once again for the same purpose. Hence, evidence of respondent is hereby closed by Court order. Now, to come upon 19.01.2026 for arguments.” On 19.02.2026, the following order was passed by the Civil Judge (Sr. Divn.), Jagadhri :- “This order shall dispose of an application Sukhmanjeet Kaur for leading It was stated and argued by learned advocate for the applicant that the applicant is daughter of late Sh.Pritpal Singh from his first wife, she had filed a petition under Section 372 of Indian Succession Act; Paramjit Kaur who e of late Sh.Pritpal Singh filed a separate petition for Succession Certificate. Both the cases were consolidated vide order dated 28.03.2023; the case filed by Paramjit Kaur was treated as the main case and the case filed by Sukhmanjeet Kaur was consolidated with the case titled "Paramjit Kaur vs. General The evidence of Paramjit Kaur was recorded, thereafter the case was fixed for evidence of the applicant Sukhmanjit Kaur. At the time of leading her evidence Paramjit Kaur did not produce the complete record of the retirement of Sh.Dalbir Singh and the Affidavit, Nomination Form etc that were executed in favour of applicant Sukhmanjeet Kaur. The VIJAY ASIJA 2026.05.01 18.29 I attest to the accuracy and integrity of this document Civil Revision No.3696 of 2026 (O & M) record of Retirement Benefits, Pension and the Affidavit of Dalbir Singh has to be summoned from the Office of Commandant 13th Battalian, Punjab Armed Police, Sector 1, Chandigarh for just and proper decision of the case. He further argued that the said record was summoned by the Court but the officials concerned from the authority requested for a date to pr record. But the Court closed the evidence of applicant by Court order. The applicant Sukhmanjeet Kaur wants to produce and prove the above-said documents, therefore, present application may be allowed. On the other hand, in reply to the application it was stated and argued by respondent-petitioner that the petitioner had called the complete record of the retirement of Sh.Dalbir Singh. At this stage, the said documents can not be permitted to be placed on the court file because these documents have relevancy. The applicant had availed sufficient opportunities yet she failed to produce the record. The evidence of the applicant Sukhmanjeet Kaur was closed by court order on 17.12.2025; now she has filed the present application with ulterior motive t proceedings. The application is vexatious, therefore, it may be dismissed. Heard. After listening to the arguments of both the sides and after going through the record, the court has arrived at a conclusion that present application was moved by Sukhmanjit Kaur seeking permission to lead additional evidence. The record reveals that five Civil Revision No.3696 of 2026 (O & M) 3 record of Retirement Benefits, Pension and the Affidavit of Dalbir Singh has to be summoned ice of Commandant 13th Battalian, Punjab Armed Police, Sector 1, Chandigarh for just and proper decision of the case. He further argued that the said record was summoned by the Court but the officials concerned from the authority requested for a date to produce the record. But the Court closed the evidence of applicant by Court order. The applicant Sukhmanjeet Kaur wants to produce and prove said documents, therefore, present application may be allowed. On the other hand, in reply to the on it was stated and argued by petitioner that the petitioner had called the complete record of the retirement of Sh.Dalbir Singh. At this stage, the said documents can not be permitted to be placed on the court file because these documents have no relevancy. The applicant had availed sufficient opportunities yet she failed to produce the record. The evidence of the applicant Sukhmanjeet Kaur was closed by court order on 17.12.2025; now she has filed the present application with ulterior motive to delay the proceedings. The application is vexatious, therefore, it may be dismissed. Heard. After listening to the arguments of both the sides and after going through the record, the court has arrived at a conclusion that present application was moved by applicant Sukhmanjit Kaur seeking permission to lead additional evidence. The record reveals that five VIJAY ASIJA 2026.05.01 18.29 I attest to the accuracy and integrity of this document succession petitions bearing No. SUCC/10/2018 and SUCC/15/2018 were filed under Section 372 of the Indian Succession Act concerning the estate and service/retiral benefits of Late Sh. Dalbir Singh. The said petitions were consolidate SUCC/10/2018 being treated as the main case. evidence of respondent Nos. 2 to 4 on 23.09.2025, the case was fixed Civil Revision No.3696 of 2026 (O & M) effective opportunities were given to her to lead and conclude her evidence yet she failed to bring any kind of evidence. The record also reveals that on 02.09.2025 HC Gurvinder Singh, No.13/729, 13th Battalian, Punjab Armed Police Chandigarh had suffered a statement in Court that the record summoned by the Court (in respondent evidence) is already on court file as Ex.PW1/A; and that, apart from this reco is no other record. Considering the statement of the official concerned it is clear that the record of Late Sh.Dalbir Singh with 13th Battalian, Punjab Armed Police, Chandigarh is already on the judicial record, hence the application of the applicant is misconceived. Even otherwise, the applicant Sukhmanjeet Kaur failed to bring any evidence so the Court had closed her evidence on 17.12.2025 after providing the number of opportunities availed by her. Keeping in view foregoing facts and circumstances, the Court does not find merit in the application, hence, the application of applicant Sukhmanjeet Kaur for leading additional evidence is hereby dismissed being devoid of merits and is accordingly disposed of.” Learned counsel for the petit succession petitions bearing No. SUCC/10/2018 and SUCC/15/2018 were filed under Section 372 of the Indian Succession Act concerning the estate and service/retiral benefits of Late Sh. Dalbir Singh. The said petitions were consolidated vide order dated 28.03.2023, with SUCC/10/2018 being treated as the main case. evidence of respondent Nos. 2 to 4 on 23.09.2025, the case was fixed Civil Revision No.3696 of 2026 (O & M) 4 effective opportunities were given to her to lead and conclude her evidence yet she failed to bring any kind of evidence. The record also reveals n 02.09.2025 HC Gurvinder Singh, No.13/729, 13th Battalian, Punjab Armed Police Chandigarh had suffered a statement in Court that the record summoned by the Court (in respondent evidence) is already on court file as Ex.PW1/A; and that, apart from this record there is no other record. Considering the statement of the official concerned it is clear that the record of Late Sh.Dalbir Singh with 13th Battalian, Punjab Armed Police, Chandigarh is already on the judicial record, hence the application of the ant is misconceived. Even otherwise, the applicant Sukhmanjeet Kaur failed to bring any evidence so the Court had closed her evidence on 17.12.2025 after providing the number of opportunities availed by her. Keeping in view foregoing facts and circumstances, the Court does not find merit in the application, hence, the application of applicant Sukhmanjeet Kaur for leading additional evidence is hereby dismissed being devoid of merits and is accordingly disposed of.” Learned counsel for the petitioner submits that two succession petitions bearing No. SUCC/10/2018 and SUCC/15/2018 were filed under Section 372 of the Indian Succession Act concerning the estate and service/retiral benefits of Late Sh. Dalbir Singh. The d vide order dated 28.03.2023, with SUCC/10/2018 being treated as the main case. That after closure of evidence of respondent Nos. 2 to 4 on 23.09.2025, the case was fixed VIJAY ASIJA 2026.05.01 18.29 I attest to the accuracy and integrity of this document for petitioner’s evidence. The petitioner had taken steps to summon the relevant off documents of Late Sh. Dalbir Singh, from the office of Commandant, 13th Battalion, Punjab Armed Police, Chandigarh. further submits t for 17.12.2025, a request letter dated 05.12.2025 was sent by the said office seeking a short adjournment due to official constraints, which was duly received and Despite that, the learned the petitioner’s evidence on the ground of non witnesses and alleged prior opportunities. moved an application dated 05.02.2026 seeking permission to lead additional evidence to prove the summ the same was also dismissed vide order dated 19.02.2026 P-5) on untenable grounds of earlier opportunities. submits that the illegality, as the p material evidence, particularly when the summoned record was in custody of a public authority and delay was beyond the petitioner’s control. consequential would suffer irreparable loss if the impugned order 17.12.2025 set aside. Civil Revision No.3696 of 2026 (O & M) for petitioner’s evidence. The petitioner had taken steps to summon the relevant official record, including retirement and nomination documents of Late Sh. Dalbir Singh, from the office of Commandant, 13th Battalion, Punjab Armed Police, Chandigarh. further submits that although the concerned official was summoned 12.2025, a request letter dated 05.12.2025 was sent by the said office seeking a short adjournment due to official constraints, which was duly received and brought to the notice of the learned that, the learned Trial Court, ignoring th the petitioner’s evidence on the ground of non witnesses and alleged prior opportunities. moved an application dated 05.02.2026 seeking permission to lead additional evidence to prove the summoned official record; however, the same was also dismissed vide order dated 19.02.2026 on untenable grounds of earlier opportunities. submits that the impugned orders suffer from material irregularity and illegality, as the petitioner was deprived of a fair opportunity to lead material evidence, particularly when the summoned record was in custody of a public authority and delay was beyond the petitioner’s Hence, the impugned order dated 17.12.2025 (and consequential order dated 19.02.2026) deserve to be set aside At this stage, learned counsel submits that the petitioner would suffer irreparable loss if the impugned order 17.12.2025 (Annexure P-1) and 19.02.2026 (Annexure P set aside. Learned counsel submits that one effective opportunity Civil Revision No.3696 of 2026 (O & M) 5 for petitioner’s evidence. The petitioner had taken steps to summon icial record, including retirement and nomination documents of Late Sh. Dalbir Singh, from the office of Commandant, 13th Battalion, Punjab Armed Police, Chandigarh. Learned counsel hat although the concerned official was summoned 12.2025, a request letter dated 05.12.2025 was sent by the said office seeking a short adjournment due to official constraints, which brought to the notice of the learned Trial Court. Trial Court, ignoring the said request, closed the petitioner’s evidence on the ground of non-production of witnesses and alleged prior opportunities. Thereafter, the petitioner moved an application dated 05.02.2026 seeking permission to lead oned official record; however, the same was also dismissed vide order dated 19.02.2026 (Annexure on untenable grounds of earlier opportunities. Learned counsel impugned orders suffer from material irregularity and etitioner was deprived of a fair opportunity to lead material evidence, particularly when the summoned record was in custody of a public authority and delay was beyond the petitioner’s Hence, the impugned order dated 17.12.2025 (and order dated 19.02.2026) deserve to be set aside. earned counsel submits that the petitioner would suffer irreparable loss if the impugned orders dated and 19.02.2026 (Annexure P-5) are not earned counsel submits that one effective opportunity VIJAY ASIJA 2026.05.01 18.29 I attest to the accuracy and integrity of this document may be granted to the petitioner herein to conclude his evidence, as grave injustice will be caused to him if he is not permitted to do so. of notice of motion is dispensed with at this stage, as it will cause further delay in disposal of the case. Accordingly, keeping in view the above facts as canvassed by learned Counsel for the petitioner, this petition is P-1) and 19.02.2026 (Annexure P below is directed to grant one effective opportunity to enable the petitioner herein to conclude his evidence, ho payment of Rs.2 within two weeks from today in the “Poor Patients’ Welfare Fund of the Post Graduate Institute of Medical Education and (PGIMER), Chandigarh”, failing which present revision petition shall be deemed to be dismissed. May 01, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No Civil Revision No.3696 of 2026 (O & M) may be granted to the petitioner herein to conclude his evidence, as grave injustice will be caused to him if he is not permitted to do so. After hearing learned counsel for the petitioner, issuance notice of motion is dispensed with at this stage, as it will cause further delay in disposal of the case. Accordingly, keeping in view the above facts as canvassed by learned Counsel for the petitioner, this petition is allowed and impugned orders and 19.02.2026 (Annexure P-5) are below is directed to grant one effective opportunity to enable the petitioner herein to conclude his evidence, ho payment of Rs.20,000/- as costs to be within two weeks from today in the “Poor Patients’ Welfare Fund of the Post Graduate Institute of Medical Education and (PGIMER), Chandigarh”, failing which present revision petition shall be deemed to be dismissed. Pending application(s), if any, stands disposed of. , 2026 Whether speaking/reasoned Yes / No Whether Reportable Yes / No Civil Revision No.3696 of 2026 (O & M) 6 may be granted to the petitioner herein to conclude his evidence, as grave injustice will be caused to him if he is not permitted to do so. After hearing learned counsel for the petitioner, issuance notice of motion is dispensed with at this stage, as it will cause further delay in disposal of the case. Accordingly, keeping in view the above facts as canvassed by learned Counsel for the petitioner, this dated 17.12.2025 (Annexure set aside. The learned Court below is directed to grant one effective opportunity to enable the petitioner herein to conclude his evidence, however subject to as costs to be deposited by the petitioner within two weeks from today in the “Poor Patients’ Welfare Fund of the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh”, failing which present revision petition shall ending application(s), if any, stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.01 18.29 I attest to the accuracy and integrity of this document