IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.9260 of 2025 (O & M)

Date of decision :-10.12.2025 Bhajan Singh …..Petitioner Versus Kulwant Singh and others …..Respondents CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Vidul Kapoor, Advocate for the petitioner.

NIDHI GUPTA J. (Oral)

The defendant No.1 has filed the present civil revision petition seeking setting aside of the impugned order dated 25.9.2025 (Annexure P-4) passed by the learned Civil Judge (Sr. Divn.), Kapurthala, whereby the application filed by the plaintiff/respondent No.1 for recording the statement of the plaintiff through video conferencing, has been allowed.

It is inter alia submitted by learned counsel for the petitioner that the plaintiff/respondent had filed the application dated Nil (Annexure P-2) seeking permission to get recorded his statement through video conferencing, as he resides in Germany.

In response to the said application, the petitioner had filed reply (Annexure P-3); in which petitioner had clearly mentioned that certain documents and signatures thereon are required to be put to the plaintiff during cross-examination, which cannot be effectively done through video conferencing. It is submitted that without appreciating or considering this objection, vide the impugned order, the learned trial Court has permitted the plaintiff to lead his evidence through video conferencing by making a private contact arrangement.

Learned counsel submits that moreover, the impugned order is in clear contravention of the High Court Rules and Regulations dated 10.12.2021 (Annexure P-5), which prescribe the mandatory procedure for recording evidence through video conferencing. Attention has been drawn to the relevant extracts of the Rules, inter alia, defining "Court Point", "Remote Point", "Required Person", and the role of the Coordinator at both ends, which are reproduced herein below :-

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2(v) “Court Point” means the Courtroom or one or more places where the Court is physically convened, or the place where a Commissioner or an inquiring officer holds proceedings pursuant to the directions of the Court.

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2(x) “Remote Point” is a place where any person or persons are required to be present or appear through a video link.

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2(xii) “Required Person” includes :

a. the person who is to be examined; or b. the person in whose presence certain proceedings are to be recorded or conducted; or c. an Advocate or a party in person who intends to examine a witness; or d. any person who is required to take submissions before the Court; or e. any other person who is permitted by the court to appear through video conferencing.

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5.1 There shall be a Coordinator both at the Court Point and at the Remote Point from which any Required Person is to be examined or heard. However, Coordinator may be required at the Remote Point only when a witness or a person accused of an offence is to be examined.

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5.3 The Coordinator at the Remote Point may be any of the following :

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9. Exhibiting or Showing Documents to Witness or Accused at a Remote Point :

If in the course of examination of a person at a Remote Point by video conferencing, it is necessary to show a document to the person, the Court may permit the document to be shown in the following manner :

9.1 If the document is at the Court Point, by transmitting a copy or image of the document to the Remote Point electronically, including through a document visualize; or

9.2 If the document is at the Remote Point, by putting it to the person and transmitting a copy/image of the same to the Court Point electronically including through a document visualize. The hard copy of the document counter signed by the witness and the Coordinator at the Remote Point shall be dispatched thereafter to the Court Point via authorized courier/registered speed post or any other authorized means such as special messenger etc.

xxx xxx xxx It is accordingly submitted that the impugne