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2025 DAILYLAW 19963 (JHR)

HARDEEP SINGH SIDHU v. HARCHARAN SINGH SIDHU

C.M.P./757/2023 · 2025-09-08

Gautam Kumar Choudhary

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:27071 IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 757 of 2023 Hardeep Singh Sidhu, S/o Late Darshan Singh Sindhu, R/o Nanak Kutir, Hem Singh Bagan Area, Plot No. 107, 108 & 109/61, Ward No.12, New Kalimati Road, Near Over Bridge, P.O.-Sakchi, P.S.-Golmuri, District-East Singhbhum at Jamshedpur ..... .... Petitioner Versus 1. Harcharan Singh Sidhu, S/o Late Sunender Singh Sidhu @ Late Surender Singh Sidhu 2. Karamjit Kaur, W/o Late Sukhbir Singh Sidhu 3. Navtej Singh Sidhu, S/o Late Sukhbir Singh Sidhu 4. Jagdip Kaur, D/o Late Sukhbir Singh Sidhu 5. Mandip Kaur, D/o Late Sukhbir Singh Sidhu All residents of Hem Singh Bagan Area, New Kalimati Road, Near Over Bridge, P.O.-Sakchi, P.S.-Golmuri, District-East Singhbhum at Jamshedpur 6. Manjinder Kaur, W/o Pritpal Singh Pritha D/o Surender Singh, R/o Near Gouripur Petrol Pump, Gouripur, P.O. & P.S.-Dum Dum, District-Kolkata (West Bengal) … …. Opposite Parties CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY For the Petitioner : Mr. Jitesh Kumar, Advocate For the Opposite Parties : Mr. Jitendra Nath Upadhyay, Advocate ------ Order No. 05 / Dated : 08.09.2025. 1. Petitioner is the plaintiff who has filed Title Suit Case No. 113 of 2013 for declaration that the deed of gifts Nos. 4483, 4484 and 4485 executed on 22.05.1982 by Sardar Hem Singh in favour of the defendants and their parents are forged, fabricated, null, void, ineffective and not binding on the plaintiff. 2. Plaintiff filed the petition under Order XI Rule 12 of the CPC for discovery and production of the original gift deeds in custody of the defendants which has been rejected on the ground that the step for discovery was not taken before the settlement of issue. 3. It is submitted by the learned counsel on behalf of the petitioner that the petitioner apprehends that the original document of gifts is at variance with the certified copy and therefore, in order to verify the same, this petition was filed. 4. In view of the fact that in the present suit filed by the plaintiff/petitioner, the main issue is that the said gift deeds were executed by fraud or forgery for which the certified copies of deeds have already been produced. Since, 2025:JHHC:27071 admittedly the gift deeds have been executed in favour of the defendants and their parents, therefore, the original documents are logically to be in possession of the defendants. The factum of fraud and forgery does not hinge on the production of the originals, as the certified copies have already been filed. At this stage, mere vague apprehension cannot be a ground for direction of production of the original. 5. Having considered the submissions, I do not find any infirmity in the impugned order. Civil Miscellaneous Petition, accordingly, stands dismissed. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) Pawan/ -