Punita Chadha v. Sanjana Bhandari and Others Sanjana Bhandari and
Case Details
(O&M) CR-5520-2025 (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-5520-2025 (O&M) Decided on :- 20.08.2025 Decided on : Punita Chadha ....Petitioner VERSUS Sanjana Bhandari and Others Sanjana Bhandari and ....Respondents MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE M Mr. Vipul Sharma, Advocate for the petitioner. Present: Mr. Vipul Sharma, Advocate for the petitioner. Mr. Vipul Sharma, Advocate for the petitioner. -.- MANDEEP PANNU J. MANDEEP PANNU 1. The present civil The present civil The present civil The present civil revision petition has been revision petition has been revision petition has been revision petition has been filed by filed by filed by filed by the the the the
Legal Reasoning
the orders dated 10.01.2025 and 23.07.2025 petitioner/defendant challenging the orders dated 10.01.2025 and 23.07.2025 the orders dated 10.01.2025 and 23.07.2025 petitioner/defendant challenging n), Panchkula in Civil Suit passed by the learned Civil Judge (Junior Division), Panchkula in Civil Suit passed by the learned Civil Judge (Junior Divisio passed by the learned Civil Judge (Junior Divisio titled “Sanjana Bhandari versus Punita Chadha and others”, No.311 of 2000 titled “Sanjana Bhandari versus Punita Chadha and others”, titled “Sanjana Bhandari versus Punita Chadha and others”, No.311 of 2000 ssion to record her whereby the applications filed by the petitioner seeking permission to record her whereby the applications filed by the petitioner seeking permi whereby the applications filed by the petitioner seeking permi evidence evidence evidence evidence through Video Conferencing/WhatsApp or any other electronic through Video Conferencing/WhatsApp or any other electronic through Video Conferencing/WhatsApp or any other electronic through Video Conferencing/WhatsApp or any other electronic communication mode were dismissed. communication mode were dismissed. Brief facts 2. The petitioner and respondent No.1 are sisters and the only surviving The petitioner and respondent No.1 are sisters and the only surviving The petitioner and respondent No.1 are sisters and the only surviving The petitioner and respondent No.1 are sisters and the only surviving . Respondent No.1/plaintiff filed a legal heirs of late Shri Sushil Kumar Bhandari. Respondent No.1/plaintiff filed a legal heirs of late Shri Sushil Kumar Bhandari legal heirs of late Shri Sushil Kumar Bhandari civil suit for declaration to the effect that she is the absolute owner in possession of civil suit for declaration to the effect that she is the absolute owner in possession of civil suit for declaration to the effect that she is the absolute owner in possession of civil suit for declaration to the effect that she is the absolute owner in possession of the property in dispute. The present petitioner/defendant No.1 filed her written the property in dispute. The present petitioner/defendant No.1 filed her written the property in dispute. The present petitioner/defendant No.1 filed her written the property in dispute. The present petitioner/defendant No.1 filed her written statement along with a counter-claim and thereafte statement along with a counter claim and thereafter issues were framed. TRIPTI SAINI 2025.08.25 09:17 I attest to the accuracy and integrity of this document (O&M) CR-5520-2025 (O&M) -2- - 3. The plaintiff led her evidence and closed the same, following which The plaintiff led her evidence and closed the same, following which The plaintiff led her evidence and closed the same, following which The plaintiff led her evidence and closed the same, following which the petitioner/defendant was called upon to lead her evidence. On 19.07.2024, due the petitioner/defendant was called upon to lead her evidence. On 19.07.2024, due the petitioner/defendant was called upon to lead her evidence. On 19.07.2024, due the petitioner/defendant was called upon to lead her evidence. On 19.07.2024, due to her poor health, an adjournment was sought, which was allowed. Subsequently, to her poor health, an adjournment was sought, which was allowed. Subsequently, to her poor health, an adjournment was sought, which was allowed. Subsequently, to her poor health, an adjournment was sought, which was allowed. Subsequently, the petitioner, on account of her continuing ill health and inability to travel from the petitioner, on account of her continuing ill health and inability to travel from the petitioner, on account of her continuing ill health and inability to travel from the petitioner, on account of her continuing ill health and inability to travel from Gurgaon to Panchkula, moved an application on 01.10.2024 seeking permission to Gurgaon to Panchkula, moved an application on 01.10.2024 seeking permission to Gurgaon to Panchkula, moved an application on 01.10.2024 seeking permission to Gurgaon to Panchkula, moved an application on 01.10.2024 seeking permission to record her testimony through video conferencing/WhatsApp or any other record her testimony through video conferencing/WhatsApp or any other record her testimony through video conferencing/WhatsApp or any other record her testimony through video conferencing/WhatsApp or any other said application was dismissed by the trial court on electronic mode. The said application was dismissed by the trial court on said application was dismissed by the trial court on electronic mode. The 10.01.2025. 4. Thereafter, the petitioner filed a fresh application, enclosing her Thereafter, the petitioner filed a fresh application, enclosing her Thereafter, the petitioner filed a fresh application, enclosing her Thereafter, the petitioner filed a fresh application, enclosing her medical records and highlighting her serious ailments, once again seeking medical records and highlighting her serious ailments, once again seeking medical records and highlighting her serious ailments, once again seeking medical records and highlighting her serious ailments, once again seeking ng. The said application too was permission to depose through video conferencing. The said application too was permission to depose through video conferenci permission to depose through video conferenci dismissed by the trial court vide order dated 23.07.2025 on the ground that the dismissed by the trial court vide order dated 23.07.2025 on the ground that the dismissed by the trial court vide order dated 23.07.2025 on the ground that the dismissed by the trial court vide order dated 23.07.2025 on the ground that the medical reports produced pertained to the year 2024 and no updated record had medical reports produced pertained to the year 2024 and no updated record had medical reports produced pertained to the year 2024 and no updated record had medical reports produced pertained to the year 2024 and no updated record had been placed regarding her present health condition in 2025. been placed regarding her present health condition in 2025. been placed regarding her present health condition in 2025. 5. ggrieved by the said orders, the present revision petition has been Aggrieved by the said orders, the present revision petition has been ggrieved by the said orders, the present revision petition has been ggrieved by the said orders, the present revision petition has been preferred.
Legal Reasoning
Submissions of learned counsel for the petitioner of learned counsel for the petitioner of learned counsel for the petitioner 6. Learned counsel for the petitioner/defendant has argued that both the Learned counsel for the petitioner/defendant has argued that both the Learned counsel for the petitioner/defendant has argued that both the Learned counsel for the petitioner/defendant has argued that both the tted that the trial court failed impugned orders are illegal and perverse. It is submitted that the trial court failed impugned orders are illegal and perverse. It is submi impugned orders are illegal and perverse. It is submi to appreciate the law laid down by the Hon’ble Supreme Court in State of to appreciate the law laid down by the Hon’ble Supreme Court in State of to appreciate the law laid down by the Hon’ble Supreme Court in State of to appreciate the law laid down by the Hon’ble Supreme Court in State of Maharashtra vs. Dr. Praful B. Desai, [(2003) 4 SCC 601 Maharashtra vs. Dr. Praful B. Desai, , wherein it has been (2003) 4 SCC 601], wherein it has been categorically held that where the witness is necessary for the ends of ju categorically held stice and where the witness is necessary for the ends of justice and the attendance of such witness cannot be procured without an amount of delay, the attendance of such witness cannot be procured without an amount of delay, the attendance of such witness cannot be procured without an amount of delay, the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case would be expense or inconvenience which, under the circumstances of the case would be expense or inconvenience which, under the circumstances of the case would be expense or inconvenience which, under the circumstances of the case would be TRIPTI SAINI 2025.08.25 09:17 I attest to the accuracy and integrity of this document (O&M) CR-5520-2025 (O&M) -3- - unreasonable, the Court may dispense with such attendance and issue a unreasonable, the Court may dispense with such attendance and issue a unreasonable, the Court may dispense with such attendance and issue a unreasonable, the Court may dispense with such attendance and issue a ation of the witness. Normally a commission would involve commission for examination of the witness. Normally a commission would involve ation of the witness. Normally a commission would involve commission for examin recording evidence at the place where the witness is. In case where the attendance recording evidence at the place where the witness is. In case where the attendance recording evidence at the place where the witness is. In case where the attendance recording evidence at the place where the witness is. In case where the attendance of a witness cannot be procured without an amount of delay, expense or of a witness cannot be procured without an amount of delay, expense or of a witness cannot be procured without an amount of delay, expense or of a witness cannot be procured without an amount of delay, expense or uing a commission to record the inconvenience the court would consider issuing a commission to record the uing a commission to record the inconvenience the court would consider iss evidence by way of video conferencing. It is further held that under Section 3 of evidence by way of video conferencing. It is further held that under Section 3 of evidence by way of video conferencing. It is further held that under Section 3 of evidence by way of video conferencing. It is further held that under Section 3 of the Evidence Act, 1872, evidence can be both oral and documentary and electronic the Evidence Act, 1872, evidence can be both oral and documentary and electronic the Evidence Act, 1872, evidence can be both oral and documentary and electronic the Evidence Act, 1872, evidence can be both oral and documentary and electronic e, even in criminal record can be produced as evidence. This means that evidence, even in criminal record can be produced as evidence. This means that evidenc record can be produced as evidence. This means that evidenc matters, can also be by way of electronic records. This would include video matters, can also be by way of electronic records. This would include video matters, can also be by way of electronic records. This would include video matters, can also be by way of electronic records. This would include video conferencing. 7. It has been further submitted that the petitioner is a senior citizen It has been further submitted that the petitioner is a senior citizen It has been further submitted that the petitioner is a senior citizen It has been further submitted that the petitioner is a senior citizen on to suffering from serious ailments, and compelling her to travel from Gurgaon to suffering from serious ailments, and compelling her to travel from Gurga suffering from serious ailments, and compelling her to travel from Gurga Panchkula would cause grave hardship and virtually deprive her of the opportunity Panchkula would cause grave hardship and virtually deprive her of the opportunity Panchkula would cause grave hardship and virtually deprive her of the opportunity Panchkula would cause grave hardship and virtually deprive her of the opportunity to defend her case effectively. to defend her case effectively. Findings 8. I have heard learned counsel for the petitioner and carefully perused I have heard learned counsel for the petitioner and carefully perused I have heard learned counsel for the petitioner and carefully perused I have heard learned counsel for the petitioner and carefully perused the record. 9. petitioner is an old lady and a senior It is not in dispute that the petitioner is an old lady and a senior petitioner is an old lady and a senior It is not in dispute that the citizen, who has consistently expressed her inability to attend the Court physically citizen, who has consistently expressed her inability to attend the Court physically citizen, who has consistently expressed her inability to attend the Court physically citizen, who has consistently expressed her inability to attend the Court physically due to serious health issues. The reason rious health issues. The reason assigned by the learned trial court that her assigned by the learned trial court that her medical record is of the previous year i.e year 2024 medical record is of the previous year not justify the rejection of r 2024 does not justify the rejection of her applications. her applications. 10. The Hon’ble Supreme Court in Dr. Praful B. Desai (supra) The Hon’ble Supreme Court in The Hon’ble Supreme Court in Dr. Praful B. Desai (supra) has clearly approved the examination of witnesses through video conferencing, holding clearly approved the examination of witnesses through video conferencing, holding clearly approved the examination of witnesses through video conferencing, holding clearly approved the examination of witnesses through video conferencing, holding ided appropriate safeguards are it to be equivalent to examination in Court, provided appropriate safeguards are it to be equivalent to examination in Court, prov it to be equivalent to examination in Court, prov TRIPTI SAINI 2025.08.25 09:17 I attest to the accuracy and integrity of this document (O&M) CR-5520-2025 (O&M) -4- - followed. The Punjab and Haryana High Court (Video Conferencing) Rules also followed. The Punjab and Haryana High Court (Video Conferencing) Rules also followed. The Punjab and Haryana High Court (Video Conferencing) Rules also followed. The Punjab and Haryana High Court (Video Conferencing) Rules also specifically provide that evidence may be recorded by video conferencing at any specifically provide that evidence may be recorded by video conferencing at any specifically provide that evidence may be recorded by video conferencing at any specifically provide that evidence may be recorded by video conferencing at any stage of judicial proceedings. stage of judicial proceedings. 11. s a material witness whose testimony Merely because the petitioner is a material witness whose testimony s a material witness whose testimony Merely because the petitioner i involves intricate details is no ground to deny the request, as such details can very involves intricate details is no ground to deny the request, as such details can very involves intricate details is no ground to deny the request, as such details can very involves intricate details is no ground to deny the request, as such details can very well be deposed through video conferencing. No prejudice would be caused to the well be deposed through video conferencing. No prejudice would be caused to the well be deposed through video conferencing. No prejudice would be caused to the well be deposed through video conferencing. No prejudice would be caused to the posite party shall still have full respondents if the evidence is so recorded, as the opposite party shall still have full respondents if the evidence is so recorded, as the op respondents if the evidence is so recorded, as the op examine the witness. On the contrary, denial of such facility opportunity to cross-examine the witness. On the contrary, denial of such facility examine the witness. On the contrary, denial of such facility opportunity to cross in the present case would amount to denial of a fair opportunity to the petitioner to in the present case would amount to denial of a fair opportunity to the petitioner to in the present case would amount to denial of a fair opportunity to the petitioner to in the present case would amount to denial of a fair opportunity to the petitioner to lead her defence. lead her defence. 12. In view of the discussion made herein In view of the discu above, this Court is of the ssion made herein-above, this Court is of the he impugned orders dated 10.01.2025 and 23.07.2025 suffer from opinion that the impugned orders dated 10.01.2025 and 23.07.2025 suffer from he impugned orders dated 10.01.2025 and 23.07.2025 suffer from he impugned orders dated 10.01.2025 and 23.07.2025 suffer from ourt failed to appreciate the binding material irregularity and illegality. The trial Court failed to appreciate the binding ourt failed to appreciate the binding material irregularity and illegality ’s case law laid down by the Hon’ble Supreme Court in Dr. Praful B. Desai’s case law laid down by the Hon’ble Supreme Court in law laid down by the Hon’ble Supreme Court in The and the Rules framed by this Court governing video conferencing. The and the Rules framed by this Court governing video conferencing. (supra) and the Rules framed by this Court governing video conferencing. reasoning that the he medical record of the petitioner cannot petitioner pertains to the year 2024, cannot en she is a senior override her right to effectively defend her case, particularly when she is a senior override her right to effectively defend her case, particularly wh override her right to effectively defend her case, particularly wh The denial of the request has the effect of citizen suffering from serious ailments. The denial of the request has the effect of The denial of the request has the effect of citizen suffering from serious ailments. defeating the cause of justice and prolonging unnecessary hardship upon the defeating the cause of justice and prolonging unnecessary hardship upon the defeating the cause of justice and prolonging unnecessary hardship upon the defeating the cause of justice and prolonging unnecessary hardship upon the petitioner. Conclusion 13. revision petition is allowed. In view of the aforesaid, the present civil revision petition is allowed. In view of the aforesaid, the present civil In view of the aforesaid, the present civil The impugned orders dated 10.01.2025 and 23.07.2025 passed by the learned Civil The impugned orders dated 10.01.2025 and 23.07.2025 passed by the learned Civil The impugned orders dated 10.01.2025 and 23.07.2025 passed by the learned Civil The impugned orders dated 10.01.2025 and 23.07.2025 passed by the learned Civil Judge (Junior Division), Panchkula, are hereby set aside. Judge (Junior Division), Panchkula, are hereby set aside. Judge (Junior Division), Panchkula, are hereby set aside. TRIPTI SAINI 2025.08.25 09:17 I attest to the accuracy and integrity of this document (O&M) CR-5520-2025 (O&M) -5- - 14. The petitioner shall be permitted to record her testimony through The petitioner shall be permitted to record her testimony through The petitioner shall be permitted to record her testimony through The petitioner shall be permitted to record her testimony through the Punjab & video conferencing in accordance with the safeguards laid down in the Punjab & video conferencing in accordance with the safeguards laid down video conferencing in accordance with the safeguards laid down Haryana High Court Video Conferencing Rules. Haryana High Court Video Conferencing Rules. Haryana High Court Video Conferencing Rules. 15. It is, however, made clear that the petitioner shall ensure her It is, however, made clear that the petitioner shall ensure h It is, however, made clear that the petitioner shall ensure h It is, however, made clear that the petitioner shall ensure h availability on the date(s) fixed by the trial court through video conferencing, availability on the date(s) fixed by the trial court through video conferencing, availability on the date(s) fixed by the trial court through video conferencing, availability on the date(s) fixed by the trial court through video conferencing, without seeking unnecessary adjournments or adopting dilatory tactics. without seeking unnecessary adjournments or adopting dilatory tactics. without seeking unnecessary adjournments or adopting dilatory tactics. 16. 17.
Decision
Revision petition stands allowed. No order as to costs Revision petition stands allowed. No order as to costs Revision petition stands allowed. No order as to costs Pending application(s), if any, also stand disposed of Pending application(s), if any, als o stand disposed off. 2025 August 20, 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 2025.08.25 09:17 I attest to the accuracy and integrity of this document