Punjab-Haryana High Court
Gurmail Singh vs Gurwinder Singh on 13 February, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:019464
CR-377-2024 (O&M) 1
130
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-377-2024 (O&M)
Reserved on : 05.02.2024
Date of decision : 13.02.2024
Gurmail Singh ... Petitioner(s)
Versus
Gurwinder Singh ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Ravish Bansal, Advocate for the petitioner.
ALKA SARIN, J.
1. The present civil revision petition has been preferred under Article 227 of the Constitution of India challenging the impugned order dated 30.11.2023 (Annexure P-6) whereby the application filed by the defendant-petitioner for sending the disputed original pronotes and receipts dated 10.05.2021 to Chief General Manager, Revenue Printing Press, Nasik for recognizing the year and impression and printing on One Rupee Revenue Stamp affixed thereupon has been dismissed.
2. The brief facts relevant to the present lis are that the present dispute is between father and son. The son i.e. the plaintiff-respondent filed a suit for possession as owner by way of specific performance of a contract Yogesh Sharma 2024.02.13 13:54 I attest to the accuracy and integrity of this order/judgment.
High Court Chandigarh
2024:PHHC:019464 CR-377-2024 (O&M) 2 dated 17.05.2021 executed by the defendant-petitioner regarding land being 800/809 share of the land measuring 40 Kanals 09 marlas on payment of Rs.45,00,000/- less Rs.43,00,000/- already paid by the plaintiff-respondent to the defendant-petitioner on account of earnest money. During the pendency of the suit, the plaintiff-respondent, in order to show his financial capacity, examined one Mithu Singh son of Jaswant Singh who produced the original pronotes and receipts dated 10.05.2021 and also examined the marginal witnesses of these pronotes and receipts namely Bakhsish Singh and Ajmer Singh to show that the amount had been borrowed for payment of the amount as agreed. The defendant-petitioner filed an application for sending the original pronotes and receipts dated 10.05.2021 to Chief General Manager, Revenue Printing Press, Nasik for recognizing the year and impression and printing on the One Rupee Revenue Stamp which was affixed on the pronotes and receipts. The said application was dismissed vide the impugned order dated 30.11.2023 (Annexure P-6). The Trial Court held that the case in hand was whether a valid and legal agreement to sell was executed between the plaintiff-respondent and his father i.e. the defendant-petitioner herein and only after perusal of the evidence any finding regarding the authenticity of the pronotes and receipts could be given by the Court at the time of final judgment and at this stage neither it is relevant nor necessary to send the pronotes and receipts to Chief General Manager, Revenue Printing Press, Nasik. It was further held that the pronotes in question were only corroborative piece of evidence to prove the Yogesh Sharma 2024.02.13 13:54 I attest to the accuracy and integrity of this order/judgment.
High Court Chandigarh
2024:PHHC:019464 CR-377-2024 (O&M) 3 financial capacity.
3. The learned counsel for the defendant-petitioner has vehemently contended that the said documents are needed to be sent for examination to Nasik as the same are forged and fabricated and antedated documents. The learned counsel for the defendant-petitioner has further contended that the pronotes and receipts are inadmissible being beyond pleadings.
4. I have heard the learned counsel for the defendant-petitioner.
5. In the present case, the dispute is qua validity of an agreement to sell. The pronotes and receipts, as held by the Trial Court, are only corroborative pieces of evidence produced by the plaintiff-respondent in order to show his financial capacity. The defendant-petitioner is yet to lead his evidence and it would always be open to him to refute the evidence led by the plaintiff-respondent. At this stage there is no case made out for sending the documents for examination to the Chief General Manager, Revenue Printing Press, Nasik.
6. In view of the above, I do not find any merit in the present revision petition and the same is accordingly dismissed. Pending applications, if any, also stand disposed off.
13.02.2024 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Yogesh Sharma 2024.02.13 13:54 I attest to the accuracy and integrity of this order/judgment.
High Court Chandigarh