Punjab-Haryana High Court
Inderjit Singh vs Avtar Singh Thr His Alleged Wife ... on 19 April, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:052947
220
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
1. CR-6277-2015 (O&M)
Date of decision : 19.04.2024
Inderjit Singh ... Petitioner(s)
Versus
Avtar Singh through his alleged wife Harjinder Kaur ... Respondent(s)
2. CR-7297-2016 (O&M)
Avtar Singh (since deceased) through his LR Harjinder ... Petitioner(s)
Kaur
Versus
Inderjeet Singh ... Respondent(s)
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Dheeraj Mahajan, Advocate
for the petitioner in CR-6277-2015 and
for the respondent in CR-7297-2016.
Mr. Mudit Gosain, Advocate for
Mr. Ashish Aggarwal, Advocate
for the respondent in CR-6277-2015 and
for the petitioner in CR-7297-2016.
ALKA SARIN, J. (ORAL)
1. The present order shall dispose off both the above-captioned
revision petitions (CR-6277-2015 and CR-7297-2016).
2. Brief facts relevant to the present lis are that Avtar Singh filed a
suit seeking relief of possession and mandatory injunction against his own
son, namely, Inderjit Singh who is the petitioner in CR-6277-2015. The suit
integrity of this order/judgment.
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was decreed vide judgment and decree dated 11.08.2005. An appeal was
preferred by Inderjit Singh which was dismissed vide judgment and decree
dated 18.01.2010. Execution was filed by Avtar Singh. However, during the
pendency of the execution petition, Avtar Singh died on 24.03.2011. In the
execution petition, an application was filed by Harjinder Kaur, who is the
petitioner in CR-7297-2016, claiming herself to be the legal heir of Avtar
Singh. Harjinder Kaur filed an application in the execution proceedings that
she had a right to represent the estate of deceased Avtar Singh being his
legally wedded wife. It was also the stand taken by Harjinder Kaur that
Avtar Singh had left behind a son and a daughter who had both been
disinherited. It is apt to note that the judgment debtor in the present case was
only Inderjit Singh and not the daughter. Vide the impugned order dated
06.08.2015 the Executing Court returned a finding on issue No.1 that
Harjinder Kaur failed to prove that she was the legally wedded wife of Avtar
Singh. However on issue No.2 the Executing Court gave a totally contrary
finding. Aggrieved by the same, CR-6277-2015 has been preferred by
Inderjit Singh and CR-7297-2016 has been preferred by Harjinder Kaur
challenging the impugned order dated 06.08.2015 qua finding on Issue No.1.
3. Learned counsel for the petitioner in CR-6277-2015 and for the
respondent in CR-7297-2016 would contend that there was not an iota of
evidence on the record and findings were given by the Executing Court
simply on the basis of marked documents which had not been exhibited and
therefore it could not be held that Harjinder Kaur was the legally wedded
integrity of this order/judgment.
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wife of Avtar Singh. Having held so, the Executing Court had permitted
Harjinder Kaur to pursue the execution proceedings only on the ground that
Inderjit Singh had been disinherited by his father - Avtar Singh. It is further
the contention of the learned counsel that even if the Court had to go into the
issue as to whether Inderjit Singh would step into the shoes of Avtar Singh,
the Court could have done it on its own and decided the issue whether a
disinherited son could claim any right.
4. Per contra, the learned counsel for the respondent in CR-6277-
2015 and for the petitioner in CR-7297-2016 has candidly admitted that
none of the documents produced by Harjinder Kaur were proved on the
record and all were marked documents. It is however the contention of the
learned counsel that inadvertently a wrong application was filed under Order
1 Rule 10 CPC and the application ought to have been filed under Order 22
Rule 3 CPC.
5. I have heard the learned counsel for the parties.
6. In the present case admittedly there is no evidence on the record
to show that Harjinder Kaur was the legally wedded wife of Avtar Singh.
All the documents on the record produced by Harjinder Kaur were marked
documents. The Executing Court on the basis of the pleadings and the
evidence on the record came to a conclusion that merely on the basis of the
marked documents it could not be held that Harjinder Kaur was the legally
wedded wife of the deceased - Avtar Singh. Having held that, the Executing
Court allowed the application permitting Harjinder Kaur to be impleaded as
a party. There is no reason forthcoming as to how Harjinder Kaur who was
integrity of this order/judgment.
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held to be not the legally wedded wife of Avtar Singh would have any right,
title or interest to pursue the proceedings. The Executing Court has given
contrary findings in the same order.
7. In view of the above, this Court deems it appropriate to set
aside the impugned order dated 06.08.2015 and remand the matter to the
Executing Court to decide afresh. Parties through their counsel to appear
before the Executing Court on 13.05.2024. Pending applications, if any, also
stand disposed off.
19.04.2024 ( ALKA SARIN )
Yogesh Sharma JUDGE
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment.
