Mr Harinder Singh Chawla vs Mrs Rupinder Nayar
2022 Latest Caselaw 1288 Del

                                      $~40
                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                            Judgment delivered on: 29th April, 2022

                                      +      CS(OS) 293/2020
                                      MR HARINDER SINGH CHAWLA                                   ..... Plaintiff
                                                                   versus

                                      MRS RUPINDER NAYAR                                          ..... Defendant

                                      Advocates who appeared in this case:
                                      For the Petitioner:          Mr. S.K. Sharma and Mr. Tejas Singh, Advocates

                                      For the Respondent:          Mr. Peeyoosh Kalra, Advocate with Mr. Puneet
                                                                   Singh Bindra and Ms. Simran Jeet, Advocates

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                                       JUDGMENT

SANJEEV SACHDEVA, J

O.A. 15/2022

1. This is a chamber appeal filed by the defendant impugning the order of Joint Registrar dated 16.03.2022 whereby the Joint Registrar has directed the defendant to file the original Will dated 07.02.1995 of late Mrs. Amrit Kaur and further directed that the original Will dated 07.02.1995 be filed in a sealed cover.

2. Learned counsel for the defendant submits that there are several litigations pending between the parties and may be required to be required

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:29.04.2022 Signing Date:30.04.2022 14:43:06 23:11 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

to be produced in other proceedings also and in case it is filed in these proceedings, it may delay the progress of the other suits and proceedings.

3. Learned counsel for the plaintiff submits that the genuineness and authenticity of the Will is in dispute. However, he has no objection in case defendant were to undertake that the original Will shall be produced in Court as and when so directed by the Court and also, if required by the plaintiff for forensic examination by a hand-writing expert.

4. Learned counsel appearing for the defendant under instructions undertakes that defendant shall produce the Will as and when so directed by the Court.

5. In view of the above and with the consent of the parties, appeal is allowed with directions that defendant shall produce the original Will as and when so directed by the Court and also keep the same available at the time of final arguments in the Suit. Defendant shall also produce the Will, if so, required by the plaintiff for examination by a hand-writing expert.

6. The appeal is accordingly disposed of in the above terms.

                                                                                SANJEEV SACHDEVA, J
                                      APRIL 29, 2022/'rs'






                                                                                                     Digitally Signed
Signature Not Verified                                                                               By:JUSTICE SANJEEV
Digitally Signed By:KUNAL                                                                            SACHDEVA
MAGGU                                                                                                Signing Date:29.04.2022
Signing Date:30.04.2022 14:43:06                                                                     23:11
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.