Gurcharan Singh v. Satinder Pal And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.101+202 (3 cases) Date of Decision: 25.03.2026 1.
TA-891-2024 (O&M) GURCHARAN SINGH ....Applicant
Versus
SATINDER PAL AND OTHERS .....Respondents 2.
TA-894-2024 (O&M) JASWINDER SINGH ....Applicant
Versus
SATINDER PAL AND OTHERS .....Respondents 3.
GURDEV SINGH AND OTHERS ....Applicants
Versus
SATINDER PAL AND OTHERS .....Respondents
CORAM:
HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Neeraj Khanna, Advocate for the applicant(s) (in all the cases).
Mr. Maneesh Bali, Advocate for the respondent No.1 (in all the cases).
Respondent No.2 (in all the cases), proceeded against ex parte vide order dated 17.02.2025.
None for respondent No.3 (in all the cases).
***** ARCHANA PURI, J. (Oral) CM-3573-CII-2026 IN TA-891-2024 CM-3211-CII-2026 IN TA-894-2024 CM-3210-CII-2026 IN TA-895-2024 The present applications have been filed in the respective transfer applications, at the behest of the respondent(s), for placing on record replies.
In view of the averments made in the applications, same are allowed and the requisite replies are taken on record. Main cases These are three applications, filed by Gurcharan Singh, Jaswinder Singh and Gurdev Singh and others, for seeking transfer of three claim petitions i.e. MACP/239/2022, titled 'Gurcharan Singh Vs. Satinder Pal and others', MACP/237/2022, titled 'Jaswinder Singh Vs. Satinder Pal and others' and MACP/238/2022, titled 'Gurdev Singh and others Vs. Satinder Pal and others'.
All the aforesaid claim petitions are pending at SAS Nagar and the applicants seeks transfer of the same to the Court of competent jurisdiction at Rupnagar.
In pursuance of the notice issued, respondents No.1 and 3 made appearance through counsel. Even, replies were filed in the respective applications at the behest of respondent No.1. Respondent No.2 in the respective applications did not make appearance and as such, he was proceeded against ex parte.
Counsel for the parties heard.
The claim petitions i.e. MACP/239/2022 and MACP/237/2022 are filed, at the instance of the applicants in TA-891-2024 and TA-894-2024, for seeking compensation, on account of injuries sustained by them, in the accident, which took place on 24.09.2022. Also, claim petition i.e. MACP/238/2022, titled 'Gurdev Singh and others Vs. Satinder Pal and others', has been filed by the applicants in TA-895-2024, to seek compensation, on account of death of Ravinder Kaur, in the same accident. It is submitted that the accident had taken place within the jurisdiction of Rupnagar, but however, the claim petitions have been filed at SAS Nagar, as at the relevant time, the applicants were temporarily residing there. Further, it is submitted that FIR bearing No.73 dated 24.09.
2022, under Sections 279/304-A/337/338/427 IPC, was got registered at Police Station Sri Chamkaur Sahib, District Rupnagar. In view of the said factual position, a prayer has been made for acceptance of the transfer applications. On the other hand, counsel for respondent No.1, submits that since, much time has flown after filing of the claim petitions in the year 2022, there is no necessity, as such, to transfer the same.
Anyhow, invoking the power under Section 24(5) of CPC, without prejudice to the rights of the parties to be adjudicated on merits, all the transfer applications i.e. TA-891-2024, TA-894-2024 and TA-895-2024, are hereby allowed and the claim petitions i.e. MACP/239/2022, titled 'Gurcharan Singh Vs. Satinder Pal and others', MACP/237/2022, titled 'Jaswinder Singh Vs. Satinder Pal and others' as well as, MACP/238/2022, titled 'Gurdev Singh and others Vs. Satinder Pal and others', stand transferred from SAS Nagar, to the Court of competent jurisdiction at Rupnagar. The requisite record of the aforesaid cases be sent by the Court concerned at SAS Nagar, to the District and Sessions Judge, Rupnagar. Learned District and Sessions Judge, Rupnagar, shall assign the said petitions to the Court of competent jurisdiction at Rupnagar. Even, the parties are directed to appear before the Court concerned, within a period of one month from today onwards.
(ARCHANA PURI) 25.03.2026 JUDGE Himanshu Vats Whether speaking/reasoned :
Yes Whether reportable :
Yes/No