IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (i) TA-1127-2024 (O&M)

Daljit Singh ...Applicant VERSUS Lakhwinder Singh and others ...Respondents (ii) TA-154-2025 (O&M)

Daljit Singh ...Applicant VERSUS Lakhwinder Singh ...Respondent Date of Decision: October 15, 2025 CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI Present: Mr.P.S.Gill, Advocate for the applicant.

Mr.Yagsimant Attri, Advocate for the contesting respondent.

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ARCHANA PURI, J.

At the very outset, it is pertinent to mention that in compliance of the order dated 02.09.2025, counsel for the applicant has filed the affidavit of applicant-Daljit Singh.

These are two transfer applications filed by the applicant-Daljit Singh, for seeking transfer of the civil suits. TA-1127-2024 has been filed for seeking transfer of civil suit bearing No.CS-865-2018, titled ‘Lakhwinder Singh vs. Daljit Singh’, which is pending in the Court of learned Addl. Civil Judge (Senior Division), Ajnala, whereas, TA-154-2025 has been for seeking transfer of the civil suit bearing No.CS-2978-2022, titled ‘Lakhwinder Singh vs. Daljit Singh and others’, which is pending in the Court of learned Civil Judge (Jr. Divn.), Amritsar and the applicant seeks transfer of both the aforesaid civil suits to the Court of competent jurisdiction, at Tarn Taran or any other place, outside District Amritsar.

In pursuance of the notice issued, contesting respondent made appearance through counsel and filed replies in both the transfer applications.

Counsel for the parties heard.

At the very outset, it is submitted by learned counsel for the applicant that respondent-Lakhwinder Singh had an evil eye on the property of the applicant’s late uncle, namely Manjit Singh, who died on 11.05.2018. However, when the applicant was busy in performing the last rites, vis-a-vis, death of Manjit Singh, respondent-Lakhwinder Singh, in furtherance of evil design to usurp the property of Manjit Singh, created a forged Will and went to the Teshildar’s office for its execution. However, he contacted Naib Tehsildar for updating of the official record, vis-a-vis, unregistered Will created by him. He also attempted to bribe the officer concerned and when, the said officer did not meet his illegitimate demand, the respondents manhandled and abused the said office. Relating to the same, an FIR was also lodged against respondent No.3-Kanwaljeet Singh and others.

The applicant had also filed an application for seeking transfer of FIR No.87 dated 04.09.2018 under Sections 420, 467, 468, 471 and 120-B IPC, which was lodged by the applicant against the respondents for forging and preparing a Will, in the name of Manjit Singh, in order to usurp the property of the deceased. In the civil suit, the applicant was earlier represented by Sh.Mehtab Singh Chicha, Advocate. However, the said advocate is suffering from Parkinson's disease, bilateral adrenal hyper-plassey and medical condition of the advocate has deteriorated and he is unable to represent the applicant, in the Court. For this reason, the applicant approached other advocates in District Amritsar, in order to represent him, but they all refused to represent the applicant.

Furthermore, it is submitted by counsel for the applicant that the civil appeal filed by the father of the applicant was ordered to be transferred outside District Amritsar, keeping in view the violent conduct of respondent No.3. The respondents are hellbent to hoodwink the applicant into submission and the respondents, being advocates are not allowing any other advocate, to appear on behalf of the applicant. In the given circumstances, the applicant has an apprehension of not getting an opportunity to have ‘fair trial’ of the civil suits in question. As such, a prayer has been made for the transfer of the civil suits.

On the other hand, learned counsel for the contesting respondent, while making reference to the reply, submits that earlier the civil suit was transferred from Sub Division Baba Bakala to Sub Division Ajnala and the