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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Karanvir Singh Aujla – Appellant
Versus
Harinder Kaur – Respondent
JUDGMENT :
Deepak Gupta, J.
By way of this petition filed under Article 227 of the Constitution of India, petitioner prays for sifting aside order dated 16.09.2024 (Annexure P.27) passed by learned Civil Judge (Senior Division), Chandigarh, whereby the objections dated 13.09.2024 (Annexure P.25) filed by the respondents objecting to the examination of the petitioner- plaintiff as PW6, has been allowed. Challenge is further given to the order dated 17.09.2024 (Annexure P.29), whereby learned trial Court has closed the evidence of the plaintiffs.
2.1 Initially, dispute started regarding the estate of Jagdarshan Singh, who on his death on 22.12.1998, left behind his widow Smt. Harinder Kaur and two children, namely, Jasnesh Kaur and son Rajbir. Jasnesh Kaur (plaintiff - performa respondent N: 4 herein), i.e. daughter of Jagdarshan Singh filed Civil Suit No.13179 of 2023 claiming 1/3rd share in the suit property on the basis of natural succession, against her mother Harinder Kaur [defendant N: 1 - respondent N: 1 herein (since deceased)] and brother Rajbir [defendant N: 2 - respondent N: 2 herein (since deceased)]. She further challenged Will dated 05.11.1990 purported to have been execut
A party who wants to appear as a witness in her own case, should so appear before any other witness on her behalf is examined, unless the court for reasons to be recorded, permits her to appear as he....
Summoning a defendant as the plaintiff's witness is discouraged and should occur only in exceptional circumstances; the plaintiff must bear the burden of proof.
Point of law: In any case, it is settled legal position that no litigant can be denied the opportunity to prove his case, unless it is clear that presence of such witnesses is not necessary at all. T....
A party to a suit can call another party as a witness under specific circumstances, but must provide a valid justification for doing so according to procedural rules.
Point of Law : Negligence and failure to produce such evidence because of inadvertence/negligence, is not a lawful ground to permit a party to lead the additional evidence within the ambit and scope ....
Permission to examine a witness can be granted before or after examination, with careful consideration to avoid prejudice, as highlighted in various legal precedents.
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