Jashanpreet Kaur and Another Jashanpreet Kaur and Another v. Simranjeet Singh and Another Singh and Another
Case Details
CR-6645-2025 (O&M) (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-6645-2025 (O&M) Decided on :- 19.09.2025 Decided on : Jashanpreet Kaur and Another Jashanpreet Kaur and Another ....Petitioners VERSUS Simranjeet Singh and Another Singh and Another ....Respondents
Legal Reasoning
merit in the submission. It is well settled that cross merit in the submission. It is well examination is a valuable right settled that cross-examination is a valuable right of the opposite party and denial of the same without just cause strikes at the root of of the opposite party and denial of the same without just cause strikes at the root of of the opposite party and denial of the same without just cause strikes at the root of of the opposite party and denial of the same without just cause strikes at the root of due process. The impugned order does not contain any discussion or speaking due process. The impugned order does not contain any discussion or speaking due process. The impugned order does not contain any discussion or speaking due process. The impugned order does not contain any discussion or speaking ent was declined, nor does it reflect any reasons as to why the request for adjournment was declined, nor does it reflect any ent was declined, nor does it reflect any reasons as to why the request for adjournm finding that the petitioners were adopting dilatory tactics or that the witnesses had finding that the petitioners were adopting dilatory tactics or that the witnesses had finding that the petitioners were adopting dilatory tactics or that the witnesses had finding that the petitioners were adopting dilatory tactics or that the witnesses had examined. On the contrary, the record been coming repeatedly without being cross-examined. On the contrary, the record examined. On the contrary, the record been coming repeatedly without being cross nce witnesses tendered their shows that on the very first date when the defence witnesses tendered their shows that on the very first date when the defe shows that on the very first date when the defe examination-in- chief before the Local Commissioner, the regular counsel for the -chief before the Local Commissioner, the regular counsel for the chief before the Local Commissioner, the regular counsel for the petitioners was not available and a request for adjournment was made. In such petitioners was not available and a request for adjournment was made. In such petitioners was not available and a request for adjournment was made. In such petitioners was not available and a request for adjournment was made. In such TRIPTI SAINI 2025.09.19 13:16 I attest to the accuracy and integrity of this document CR-6645-2025 (O&M) (O&M) -3- - unts to circumstances, the closure of the opportunity in a summary manner amounts to circumstances, the closure of the opportunity in a summary manner amo circumstances, the closure of the opportunity in a summary manner amo denial of fair opportunity and has resulted in grave injustice to the petitioners. denial of fair opportunity and has resulted in grave injustice to the petitioners. denial of fair opportunity and has resulted in grave injustice to the petitioners. 5. The exercise of supervisory jurisdiction under Article 227 is intended The exercise of supervisory jurisdiction under Article 227 is intended The exercise of supervisory jurisdiction under Article 227 is intended The exercise of supervisory jurisdiction under Article 227 is intended precisely to correct such jurisdictional errors and procedural irregularities which precisely to correct such jurisdictional errors and procedural irregularities which precisely to correct such jurisdictional errors and procedural irregularities which precisely to correct such jurisdictional errors and procedural irregularities which prejudice and failure of justice. The impugned order, having been passed cause prejudice and failure of justice. The impugned order, having been passed prejudice and failure of justice. The impugned order, having been passed prejudice and failure of justice. The impugned order, having been passed without application of mind and without affording effective opportunity to the without application of mind and without affording effective opportunity to the without application of mind and without affording effective opportunity to the without application of mind and without affording effective opportunity to the petitioners, cannot be sustained. petitioners, cannot be sustained. 6. Accordingly, the civil revision petition is allowed. The impugned Accordingly, the civil revision petition is allowed. The impugned Accordingly, the civil revision petition is allowed. The impugned Accordingly, the civil revision petition is allowed. The impugned order dated 11.09.2025 passed by the learned Additional Principal Judge, Family order dated 11.09.2025 passed by the learned Additional Principal Judge, Family order dated 11.09.2025 passed by the learned Additional Principal Judge, Family order dated 11.09.2025 passed by the learned Additional Principal Judge, Family Court, Sangrur is set aside. The petitioners are granted an opportunity to cross- is set aside. The petitioners are granted an opportunity to cross is set aside. The petitioners are granted an opportunity to cross examine DW1 Nachhat urcharan Singh, and DW3 Simranjeet urcharan Singh, and DW3 Simranjee DW1 Nachhatar Kaur, DW2 Gurcharan Singh, and DW3 Simranjee Singh on a date to be fixed by the learned trial Court. The trial Court shall on a date to be fixed by the learned trial Court. The trial Court shall by the learned trial Court. The trial Court shall thereafter proceed with the matter expeditiously in accordance with law. thereafter proceed with the matter expeditiously in accordance with law. thereafter proceed with the matter expeditiously in accordance with law. 7.
Arguments
MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE M Present: Mr. Dhananjai Rana Mr. Dhananjai Rana, Advocate for the petitioners , Advocate for the petitioners. MANDEEP PANNU J. MANDEEP PANNU -.- 1. The present civil revision petition under Article 227 of the The present civil revision petition under Article 227 of the The present civil revision petition under Article 227 of the The present civil revision petition under Article 227 of the Constitution of India has been directed against the order dated 11.09.2025 passed Constitution of India has been directed against the order dated 11.09.2025 passed Constitution of India has been directed against the order dated 11.09.2025 passed Constitution of India has been directed against the order dated 11.09.2025 passed whereby the by the learned Additional Principal Judge, Family Court, Sangrur, whereby the by the learned Additional Principal Judge, Family Court, by the learned Additional Principal Judge, Family Court, opportunity of the petitioners to cross-examine DW1 Nachhat opportunity of the petitioners to c ar Kaur, DW2 ine DW1 Nachhatar Kaur, DW2 Gurcharan Singh, and DW3 Simranjee t Singh has been treated as nil. urcharan Singh, and DW3 Simranjeet Singh has been treated as nil. 2. The brief facts necessary for disposal of the present revision are that The brief facts necessary for disposal of the present revision are that The brief facts necessary for disposal of the present revision are that The brief facts necessary for disposal of the present revision are that declaration the petitioners/plaintiffs filed a suit for fixation of maintenance and for declaration the petitioners/plaintiffs filed a suit for fixation of maintenance and for the petitioners/plaintiffs filed a suit for fixation of maintenance and for and permanent injunction to the effect that charge of maintenance be created upon and permanent injunction to the effect that charge of maintenance be created upon and permanent injunction to the effect that charge of maintenance be created upon and permanent injunction to the effect that charge of maintenance be created upon the share of defendant no.1 in the suit property. After completion of pleadings, the share of defendant no.1 in the suit property. After completion of pleadings, the share of defendant no.1 in the suit property. After completion of pleadings, the share of defendant no.1 in the suit property. After completion of pleadings, issues were framed and the plaintiffs led and concluded their evidence. The matter issues were framed and the plaintiffs led and concluded their evidence. The matte issues were framed and the plaintiffs led and concluded their evidence. The matte issues were framed and the plaintiffs led and concluded their evidence. The matte was thereafter fixed for defendants’ evidence. On earlier dates, no witnesses were was thereafter fixed for defendants’ evidence. On earlier dates, no witnesses were was thereafter fixed for defendants’ evidence. On earlier dates, no witnesses were was thereafter fixed for defendants’ evidence. On earlier dates, no witnesses were ar Kaur, present, but on 11.09.2025, three defence witnesses namely DW1 Nachhatar Kaur, present, but on 11.09.2025, three defence witnesses namely present, but on 11.09.2025, three defence witnesses namely t Singh appeared and urcharan Singh, and DW3 Simranjeet Singh appeared and urcharan Singh, and DW3 Simranjee DW2 Gurcharan Singh, and DW3 Simranjee their their examination-in- corded before the Local Commissioner. On that date, a -chief was recorded before the Local Commissioner. On that date, a corded before the Local Commissioner. On that date, a TRIPTI SAINI 2025.09.19 13:16 I attest to the accuracy and integrity of this document CR-6645-2025 (O&M) (O&M) -2- - request was made by proxy counsel for the plaintiffs for adjournment on the request was made by proxy counsel for the plaintiffs for adjournment on the request was made by proxy counsel for the plaintiffs for adjournment on the request was made by proxy counsel for the plaintiffs for adjournment on the ground that the regular counsel, who belongs to another district, was not available ground that the regular counsel, who belongs to another district, was not available ground that the regular counsel, who belongs to another district, was not available ground that the regular counsel, who belongs to another district, was not available jab. The said request was declined and on account of flood-like conditions in Punjab. The said request was declined and jab. The said request was declined and on account of flood by the impugned order the learned Additional Principal Judge observed in a single by the impugned order the learned Additional Principal Judge observed in a single by the impugned order the learned Additional Principal Judge observed in a single by the impugned order the learned Additional Principal Judge observed in a single line that “keeping in view the facts and circumstances” the opportunity to cross- line that “keeping in view the facts and circumstances” the opportunity to cross line that “keeping in view the facts and circumstances” the opportunity to cross line that “keeping in view the facts and circumstances” the opportunity to cross examine the defence witnesses stood treated as nil. examine the defence witnesses stood treated as nil. examine the defence witnesses stood treated as nil. 3. Learned counsel for the petitioners has argued that the impugned Learned counsel for the petitioners has argued that the impugned Learned counsel for the petitioners has argued that the impugned Learned counsel for the petitioners has argued that the impugned order has caused serious prejudice inasmuch as the petitioners have been denied order has caused serious prejudice inasmuch as the petitioners have been denied order has caused serious prejudice inasmuch as the petitioners have been denied order has caused serious prejudice inasmuch as the petitioners have been denied examine the defence witnesses, which goes to the root their valuable right to cross-examine the defence witnesses, which goes to the root examine the defence witnesses, which goes to the root their valuable right to cross itted that the absence of the regular counsel was not of fair trial. It is submitted that the absence of the regular counsel was not itted that the absence of the regular counsel was not of fair trial. It is subm deliberate or intentional but due to circumstances beyond control, and a request deliberate or intentional but due to circumstances beyond control, and a request deliberate or intentional but due to circumstances beyond control, and a request deliberate or intentional but due to circumstances beyond control, and a request was made by the proxy counsel to adjourn the matter. It is urged that without was made by the proxy counsel to adjourn the matter. It is urged that without was made by the proxy counsel to adjourn the matter. It is urged that without was made by the proxy counsel to adjourn the matter. It is urged that without ut recording any reasons or factual considering this genuine request, and without recording any reasons or factual ut recording any reasons or factual considering this genuine request, and witho examine, basis, the learned Family Court has closed the opportunity to cross-examine, basis, the learned Family Court has closed the opportunity to cross basis, the learned Family Court has closed the opportunity to cross thereby causing manifest injustice. thereby causing manifest injustice. 4. After hearing learned counsel and on perusal of the record, I find After hearing learned counsel and on perusal of the record, I find After hearing learned counsel and on perusal of the record, I find After hearing learned counsel and on perusal of the record, I find
Decision
Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. 2025 September 19, 2025 tripti Whether speaking/non Whether speaking/non-speaking : Speaking : Yes/No Whether reportable Whether reportable (MANDEEP PANNU) JUDGE TRIPTI SAINI 2025.09.19 13:16 I attest to the accuracy and integrity of this document