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2025 DAILYLAW 9752 (PNJ)

KULWINDER SINGH AND ORS v. AMARJIT SINGH AND ORS

CR/87/2025 · 2025-05-22

Pankaj Jain

body2025

Judgment text

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CR-87-2025 (O&M) [142] Kulwinder Singh and others Amarjit Singh Coram : Present: PANKAJ JAIN [1] passed by the learned Civil Judge (Junior Division), Payal in Civil Suit No.411 of 2024 titled as ‘ others’. [2] the plaint, without producing documents in original. It is not disputed that at the time of filing of the appeal filed by the plaintiff seeking leave the Court that the plaintiff at the time of filing of the suit was in Australia. The plaintiff got attested the Victoria and sent the same through (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-87-2025 Date of Decision : Kulwinder Singh and others versus Amarjit Singh and another HON’BLE MR. JUSTICE PANKAJ JAIN Mr. Chahat Goyal, Advocate for the petitioners. Mr. Amandeep Singh, Advocate for respondent No.1. *** PANKAJ JAIN, J. (ORAL) Challenge is to Order dated passed by the learned Civil Judge (Junior Division), Payal in Civil Suit No.411 of 2024 titled as ‘Amarjit Singh versus Rajwinder Kaur and The grievance of the petitioners is that at the time of filing of the plaint, the Court has wrongly allowed the plaintiff to present appeal without producing documents in original. It is not disputed that at the time of filing of the appeal, an application under Section 151 CPC was filed by the plaintiff seeking leave, wherein it the Court that the plaintiff at the time of filing of the suit was in Australia. The plaintiff got attested the affidavits from Victoria and sent the same through whatsapp IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2025 (O&M) Date of Decision : 22.05.2025 …Petitioners ….Respondents PANKAJ JAIN Advocate Advocate Challenge is to Order dated 30.11.2024 (Annexure P-3) passed by the learned Civil Judge (Junior Division), Payal in Civil Suit Amarjit Singh versus Rajwinder Kaur and The grievance of the petitioners is that at the time of filing of wrongly allowed the plaintiff to present appeal without producing documents in original. It is not disputed that at the application under Section 151 CPC was wherein it was brought to the notice of the Court that the plaintiff at the time of filing of the suit was in Australia. affidavits from the Justice of Peace for whatsapp to the counsel. The leave 1 3) passed by the learned Civil Judge (Junior Division), Payal in Civil Suit Amarjit Singh versus Rajwinder Kaur and The grievance of the petitioners is that at the time of filing of wrongly allowed the plaintiff to present appeal without producing documents in original. It is not disputed that at the application under Section 151 CPC was was brought to the notice of the Court that the plaintiff at the time of filing of the suit was in Australia. or the counsel. The leave Dinesh Kumar 2025.05.28 09:17 I attest to the accuracy and integrity of this document CR-87-2025 (O&M) was granted by the Court, observing as under: [3] Court committed any irregularity more so and condition that he shall produce documents in original as soon as possible on his arrival at India. dismissed [4] disposed off 22.05.2025 ‘R. Sharma' (O&M) s granted by the Court, observing as under: “ Heard on the application under Section 151 CPC moved by plaintiff. Present suit filed with aforesaid application. Keeping into consideration averments of the application duly annexed with affidavit, said application is allowed with direction to furnish original papers on arrival of plaintiff to India as soon as possible.” In view thereof, this Court does not find that the learned Trial Court committed any irregularity more so and condition that he shall produce documents in original as soon as possible on his arrival at India. Finding no merits in the present appeal dismissed. All pending miscellaneous application(s), if any, stands disposed off. 22.05.2025 Whether speaking/ reasoned Whether reportable s granted by the Court, observing as under:- Heard on the application under Section 151 CPC moved by plaintiff. Present suit filed with aforesaid application. Keeping into consideration averments of the application duly annexed with affidavit, said cation is allowed with direction to furnish original papers on arrival of plaintiff to India as soon In view thereof, this Court does not find that the learned Trial Court committed any irregularity more so and the plaintiff was put to condition that he shall produce documents in original as soon as possible inding no merits in the present appeal, the same is All pending miscellaneous application(s), if any, stands (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 2 In view thereof, this Court does not find that the learned Trial plaintiff was put to condition that he shall produce documents in original as soon as possible same is All pending miscellaneous application(s), if any, stands Dinesh Kumar 2025.05.28 09:17 I attest to the accuracy and integrity of this document