Harjit Singh Deol Deol v. Kaur Singh Grewal and Others Kaur Singh Grewal and
Case Details
(O&M) CR-5327-2025 (O&M) -1- - IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- CR CR-5327-2025 (O&M) Decided on 13.08.2025 Decided on 13.08.2025 Harjit Singh Deol Deol ....Petitioner VERSUS Kaur Singh Grewal and Others Kaur Singh Grewal and ....Respondents
Legal Reasoning
It is well settled that procedural laws are handmaid of justice and are It is well settled that procedural laws are handmaid of justice and are It is well settled that procedural laws are handmaid of justice and are It is well settled that procedural laws are handmaid of justice and are meant to advance, not obstruct, the cause of justice. meant to advance, not obs y should not be denied truct, the cause of justice. A party should not be denied the opportunity to lead evidence if it is essential for determining the real issues in the opportunity to lead evidence if it is essential for determining the real issues in the opportunity to lead evidence if it is essential for determining the real issues in the opportunity to lead evidence if it is essential for determining the real issues in controversy, unless such denial is mandated by law or occasioned by contumacious controversy, unless such denial is mandated by law or occasioned by contumacious controversy, unless such denial is mandated by law or occasioned by contumacious controversy, unless such denial is mandated by law or occasioned by contumacious conduct. TRIPTI SAINI 2025.08.20 12:28 I attest to the accuracy and integrity of this document (O&M) CR-5327-2025 (O&M) -4- - 11. preciate that the The trial Court, in the present case, failed to appreciate that the The trial Court, in the present case, failed to ap The trial Court, in the present case, failed to ap petitioner had not even commenced his evidence and that he was separately petitioner had not even commenced his evidence and that he was separately petitioner had not even commenced his evidence and that he was separately petitioner had not even commenced his evidence and that he was separately represented from defendant No. 1. Given the pivotal nature of his testimony as the represented from defendant No. 1. Given the pivotal nature of his testimony as the represented from defendant No. 1. Given the pivotal nature of his testimony as the represented from defendant No. 1. Given the pivotal nature of his testimony as the alleged bona fide purchaser, closing his evidence in such circumstances was alleged bona fide purchaser, closing his evidence in such circumstances was alleged bona fide purchaser, closing his evidence in such circumstances was alleged bona fide purchaser, closing his evidence in such circumstances was rary and contrary to the settled principles of natural justice. arbitrary and contrary to the settled principles of natural justice. rary and contrary to the settled principles of natural justice. Conclusion 12. In view of the foregoing discussion, this Court is of the considered In view of the foregoing discussion, this Court is of the considered In view of the foregoing discussion, this Court is of the considered In view of the foregoing discussion, this Court is of the considered opinion that the impugned orders dated 15.07.2025 and 25.04.2024 suffer from opinion that the impugned orders dated 15.07.2025 and 25.04.2024 suffer from opinion that the impugned orders dated 15.07.2025 and 25.04.2024 suffer from opinion that the impugned orders dated 15.07.2025 and 25.04.2024 suffer from patent illegality and have resulted in miscarriage of justice. Accordingly, both illegality and have resulted in miscarriage of justice. Accordingly, both and have resulted in miscarriage of justice. Accordingly, both orders are set aside. The petitioner/defendant No. 2 is granted two effective orders are set aside. The petitioner/defendant No. 2 is granted two effective orders are set aside. The petitioner/defendant No. 2 is granted two effective orders are set aside. The petitioner/defendant No. 2 is granted two effective opportunities to lead his entire evidence, to ensure expeditious progress of the trial. opportunities to lead his entire evidence, to ensure expeditious progress of the trial. opportunities to lead his entire evidence, to ensure expeditious progress of the trial. opportunities to lead his entire evidence, to ensure expeditious progress of the trial. 13. proceed in accordance with law, uninfluenced by The trial Court shall proceed in accordance with law, uninfluenced by proceed in accordance with law, uninfluenced by The trial Court shall any observations made herein on the merits of the suit. any observations made herein on the merits of the suit. any observations made herein on the merits of the suit. 14. 15. The revision petition is allowed in the above terms. The revision petition is allowed in the above terms. The revision petition is allowed in the above terms.
Arguments
MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE M Mr. Namit Gautam, Advocate for the petitioner. Mr. Namit Gautam, Advocate for the petitioner. Present: Mr. Namit Gautam, Advocate for the petitioner. MANDEEP PANNU J. MANDEEP PANNU -.- 1. The present civil revision petition has been filed for setting aside the The present civil revision petition has been filed for setting aside the The present civil revision petition has been filed for setting aside the The present civil revision petition has been filed for setting aside the impugned order dated 15.07.2025 passed by the learned Civil Judge (Junior impugned order dated 15.07.2025 passed by the learned Civil Judge (Junior impugned order dated 15.07.2025 passed by the learned Civil Judge (Junior impugned order dated 15.07.2025 passed by the learned Civil Judge (Junior Kaur Singh Grewal v. Gurdeep Kaur Division), Ludhiana, in Civil Suit titled “Kaur Singh Grewal v. Gurdeep Kaur Kaur Singh Grewal v. Gurdeep Kaur Division), Ludhiana, in Civil Suit titled and Others”, whereby the applica tion filed by the petitioner/defendant No. 2 , whereby the application filed by the petitioner/defendant No. 2 tion filed by the petitioner/defendant No. 2 for recalling the order dated 25.04.2024 (hereinafter referred to as the ‘petitioner’) for recalling the order dated 25.04.2024 for recalling the order dated 25.04.2024 (hereinafter referred to as the ‘petitioner’) regarding closure of his evidence was dismissed. The petitioner has also sought regarding closure of his evidence was dismissed. The petitioner has also sought regarding closure of his evidence was dismissed. The petitioner has also sought regarding closure of his evidence was dismissed. The petitioner has also sought by which his evidence was closed by setting aside of the order dated 25.04.2024 by which his evidence was closed by by which his evidence was closed by setting aside of the order dated 25.04.2024 the trial Court. FACTUAL BACKGROUND FACTUAL BACKGROUND 2. (herein after referred to as ‘respondent The respondent No. 1/plaintiff (herein after referred to as ‘respondent (herein after referred to as ‘respondent The respondent No. 1 filed a suit for possession of land by way of specific performance of an No.1’) filed a suit for possession of land by way of specific performance of an filed a suit for possession of land by way of specific performance of an filed a suit for possession of land by way of specific performance of an 25.02.2005 and also sought a declaration that the sale deed agreement to sell dated 25.02.2005 and also sought a declaration that the sale deed 25.02.2005 and also sought a declaration that the sale deed agreement to sell dated dated 12.05.2005 executed by defendant No. 1 through his attorney (defendant No. dated 12.05.2005 executed by defendant No. 1 through his attorney (defendant No. dated 12.05.2005 executed by defendant No. 1 through his attorney (defendant No. dated 12.05.2005 executed by defendant No. 1 through his attorney (defendant No. 5) in favour of defendant No. 2 (petitioner herein) is not binding on his alleged ¼ 5) in favour of defendant No. 2 (petitioner herein) is not binding on his alleged ¼ 5) in favour of defendant No. 2 (petitioner herein) is not binding on his alleged ¼ 5) in favour of defendant No. 2 (petitioner herein) is not binding on his alleged ¼ share in the suit land. share in the suit land. TRIPTI SAINI 2025.08.20 12:28 I attest to the accuracy and integrity of this document (O&M) CR-5327-2025 (O&M) -2- - 3. fendant No. 1, in his written statement, denied execution of the Defendant No. 1, in his written statement, denied execution of the fendant No. 1, in his written statement, denied execution of the fendant No. 1, in his written statement, denied execution of the purchasers with the plaintiff, agreement to sell. Defendants No. 3 to 5, alleged co-purchasers with the plaintiff, agreement to sell. Defendants No. 3 to 5, alleged co agreement to sell. Defendants No. 3 to 5, alleged co also filed a written statement asserting that the agreement to sell was forged and also filed a written statement asserting that the agreement to sell was forged and also filed a written statement asserting that the agreement to sell was forged and also filed a written statement asserting that the agreement to sell was forged and er/defendant No. 2, in his written statement, pleaded that he fabricated. The petitioner/defendant No. 2, in his written statement, pleaded that he er/defendant No. 2, in his written statement, pleaded that he fabricated. The petition is a bona fide purchaser for consideration, having purchased the property after due is a bona fide purchaser for consideration, having purchased the property after due is a bona fide purchaser for consideration, having purchased the property after due is a bona fide purchaser for consideration, having purchased the property after due verification of title. verification of title. 4. After completion of pleadings, issues were framed and the matter was After completion of pleadings, issues were framed and the matter was After completion of pleadings, issues were framed and the matter was After completion of pleadings, issues were framed and the matter was ence. The plaintiff’s evidence was closed on 13.02.2024, and the case fixed for evidence. The plaintiff’s evidence was closed on 13.02.2024, and the case ence. The plaintiff’s evidence was closed on 13.02.2024, and the case ence. The plaintiff’s evidence was closed on 13.02.2024, and the case was thereafter fixed for defendants’ evidence. Defendant No. 1 commenced his was thereafter fixed for defendants’ evidence. Defendant No. 1 commenced his was thereafter fixed for defendants’ evidence. Defendant No. 1 commenced his was thereafter fixed for defendants’ evidence. Defendant No. 1 commenced his evidence by tendering affidavits of DW-1 and DW evidence by tendering affidavits of DW 1 and DW-2. 5. ifteen The record reveals that the plaintiff took more than fifteen The record reveals that the plaintiff took more than f The record reveals that the plaintiff took more than f opportunities to cross-examine DW-1 and DW opportunities to cross examination was 1 and DW-2. The cross-examination was repeatedly deferred for production of documents or due to adjournments sought by repeatedly deferred for production of documents or due to adjournments sought by repeatedly deferred for production of documents or due to adjournments sought by repeatedly deferred for production of documents or due to adjournments sought by 1 and While the case was still pending for cross-examination of DW-1 and While the case was still pending for cross either side. While the case was still pending for cross DW-2 produced by defendant No. 1, the trial Court, by order dated 25.04.2024, 2 produced by defendant No. 1, the trial Court, by order dated 25.04.2024, defendant No. 1, the trial Court, by order dated 25.04.2024, closed the evidence of defendant No. 2 (petitioner herein), except for the cross- closed the evidence of defendant No. 2 (petitioner herein), except for the cross closed the evidence of defendant No. 2 (petitioner herein), except for the cross closed the evidence of defendant No. 2 (petitioner herein), except for the cross present DW. This was done despite the fact that defendant examination of the then-present DW. This was done despite the fact that defendant present DW. This was done despite the fact that defendant examination of the then own evidence. No. 2 had not yet commenced his own evidence. No. 2 had not yet commenced his 6. Subsequently, on learning that his evidence had been closed, the Subsequently, on learning that his evidence had been closed, the Subsequently, on learning that his evidence had been closed, the Subsequently, on learning that his evidence had been closed, the petitioner moved an application for recalling the order dated 25.04.2024, petitioner moved an application for recalling the order dated 25.04.2024, petitioner moved an application for recalling the order dated 25.04.2024, petitioner moved an application for recalling the order dated 25.04.2024, explaining that both defendants No. 1 and No. 2 were represented by different explaining that both defendants No. 1 and No. 2 were represented by different explaining that both defendants No. 1 and No. 2 were represented by different explaining that both defendants No. 1 and No. 2 were represented by different petitioner was under the impression that his turn to lead counsel and that the petitioner was under the impression that his turn to lead petitioner was under the impression that his turn to lead counsel and that the evidence had not yet arrived. The petitioner also moved an application seeking evidence had not yet arrived. The petitioner also moved an application seeking evidence had not yet arrived. The petitioner also moved an application seeking evidence had not yet arrived. The petitioner also moved an application seeking TRIPTI SAINI 2025.08.20 12:28 I attest to the accuracy and integrity of this document (O&M) CR-5327-2025 (O&M) -3- - permission to record his statement via video conferencing, as he is residing in permission to record his statement via video conferencing, as he is residing in permission to record his statement via video conferencing, as he is residing in permission to record his statement via video conferencing, as he is residing in Canada. 7. pugned order dated 15.07.2025, dismissed The trial Court, by the impugned order dated 15.07.2025, dismissed pugned order dated 15.07.2025, dismissed The trial Court, by the im the application for recalling the earlier order, which has led to the filing of the the application for recalling the earlier order, which has led to the filing of the the application for recalling the earlier order, which has led to the filing of the the application for recalling the earlier order, which has led to the filing of the present revision petition. present revision petition. CONSIDERATION BY THIS COURT CONSIDERATION BY THIS COURT 8. This Court has perused the photocopies of the zimni orders placed on This Court has perused the photocopies of the zimni orders placed on This Court has perused the photocopies of the zimni orders placed on This Court has perused the photocopies of the zimni orders placed on cord by learned counsel for the petitioner. These clearly reveal that after closure record by learned counsel for the petitioner. These clearly reveal that after closure cord by learned counsel for the petitioner. These clearly reveal that after closure cord by learned counsel for the petitioner. These clearly reveal that after closure examination of of plaintiff’s evidence on 13.02.2024, the case proceeded with examination of of plaintiff’s evidence on 13.02.2024, the case proceeded with of plaintiff’s evidence on 13.02.2024, the case proceeded with DW-1 and DW 1 and DW-2 witnesses of defendant No. 1. Their cross examination by the defendant No. 1. Their cross-examination by the ebruary 2025, a span of nearly one year, plaintiff continued intermittently until February 2025, a span of nearly one year, ebruary 2025, a span of nearly one year, plaintiff continued before it was concluded. before it was concluded. 9 purchaser of the Significantly, the petitioner is the alleged bona fide purchaser of the Significantly, the petitioner is the Significantly, the petitioner is the suit property, and his evidence is material for the just adjudication of the suit property, and his evidence is material for the just adjudication of the suit property, and his evidence is material for the just adjudication of the suit property, and his evidence is material for the just adjudication of the the suit. Yet, while allowing multiple adjournments to the plaintiff controversy in the suit. Yet, while allowing multiple adjournments to the plaintiff the suit. Yet, while allowing multiple adjournments to the plaintiff the suit. Yet, while allowing multiple adjournments to the plaintiff to cross-examine DW 2, the trial Court, without affording the petitioner examine DW-1 and DW-2, the trial Court, without affording the petitioner 2, the trial Court, without affording the petitioner even a single effective opportunity to lead his own evidence, closed the same by its even a single effective opportunity to lead his own evidence, closed the same by its even a single effective opportunity to lead his own evidence, closed the same by its even a single effective opportunity to lead his own evidence, closed the same by its , in the opinion of this Court, amounts to denial of a order dated 25.04.2024. This, in the opinion of this Court, amounts to denial of a , in the opinion of this Court, amounts to denial of a order dated 25.04.20 fair opportunity and has resulted in serious prejudice. fair opportunity and has resulted in serious prejudice. fair opportunity and has resulted in serious prejudice. 10.
Decision
Pending application(s), if any, also stand disposed off. Pending application(s), if any, also stand disposed off. Pending application(s), if any, also stand disposed off. August 13, 2025 2025 tripti (MANDEEP PANNU) JUDGE Whether speaking/non-speaking : Speaking speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.08.20 12:28 I attest to the accuracy and integrity of this document