Birjender Singh Alias Bijender Singh v. Dalip Kaur And Others
CR-5340-2025 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Sr. No.121 CR-5340-2025 Date of Decision: 11.08.2025 BIRJENDER SINGH @ BIJENDER SINGH
...Petitioner
Versus
DALIP KAUR AND OTHERS .....Respondents
CORAM:
HON'BLE MR. JUSTICE PARMOD GOYAL Present:- Mr. Mohan Singh Rana, Advocate for the petitioner.
***** PARMOD GOYAL, J. (Oral) In the present case, the petitioner has challenged the impugned order dated 28.01.2025, whereby his application for directing the defendants/respondents to produce original sale deed bearing Vasika No.5725 dated 30.12.1999 and original agreement to sell was dismissed. It is the case of the plaintiff-petitioner that agreement to sell and sale deed are important documents to prove non-passing of consideration as he has challenged the sale deed dated 30.12.1999, itself. Admittedly, the sale deed is a registered document. Once defendant has made a statement that the original sale deed has been lost, then evidentiary value of registered sale deed needs to be taken into consideration by the Court which is the subject matter of challenge by the petitioner.
Therefore, learned Court of first instance has rightly disposed of the application noting that the sale deed has been lost. So far as the agreement to sell is concerned, in reply by respondent to application for Anu 2025.08.22 09:48 I attest to the accuracy and authenticity of this document Chandigarh
CR-5340-2025 2 production of documents, respondents have specifically denied the execution of any agreement to sell has been filed. Since, no such agreement to sell is proved to be executed, need to produce the same does not arise. Therefore, learned Court at first instnace has rightly rejected the application. No ground for interference in made out.
Hence, the same is hereby dismissed.
(PARMOD GOYAL) 11.08.2025 JUDGE Anu Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No Anu 2025.08.22 09:48 I attest to the accuracy and authenticity of this document Chandigarh