C.R. No. 5939 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 5939 of 2009 Date of Decision: 05.08.2010 Balwinder Singh .... Petitioner Versus Bhajan Singh @ Harbhajan Singh and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Harsh Bunger, Advocate for the petitioner Mr. D.K. Bhatti, Advocate for the respondents ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging order dated 4.9.2009 passed by learned Civil Judge (Jr. Divn.) Jalandhar whereby learned Single Judge declined the request of the plaintiff-petitioner to summon the original Will from the file of the Revenue Court and to permit the plaintiff to examine the attesting witness after summoning the Will from the Revenue Court. 2. On being asked, both the counsel for the parties fairly stated that Will was set up by the plaintiff in a suit and evidence was led on the Will in question. Both the counsel further fairly stated that original Will was on the file of the Revenue Court. 3. In view of the above undisputed facts for fair adjudication of the case original Will ought to have been summoned by learned trial Court from the revenue Court for the purpose of producing and examining the attesting witness to prove the attestation of the Will. C.R. No. 5939 of 2009 2 View taken by learned trial Court seems to be hyper technical and no hyper technicality should come in the way of dispensation of justice. 4. In view of the above, present petition is allowed. Impugned order is set aside. Learned trial Court is directed to summon the Will from the Revenue Court as requested by the applicant and to permit the plaintiff to produce attesting witness to prove the attestation of the Will in accordance with law. Plaintiff shall also be granted permission by the trial Court to summon the file from the Court of Civil Judge (Jr. Divn.) Jalandhar already decided. No unnecessary adjournment shall be granted by the trial Court to either of the parties. 5. Both the parties are directed to appear before the trial Court for further directions on 10.8.2010. (ALOK SINGH) 05.08.2010 JUDGE reena