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by Admin
07 May 2024 2:49 AM
In a pivotal judgment, the High Court of Punjab and Haryana today overturned an Executing Court's decision that had previously allowed Harjinder Kaur to participate in execution proceedings as the legal heir of the deceased Avtar Singh. The High Court critically noted the inadequate evidence supporting her claim, asserting, "Merely on the basis of the marked documents it could not be held that Harjinder Kaur was the legally wedded wife."
The court examined the application and implications of Order 1 Rule 10 and Order 22 Rule 3 of the Civil Procedure Code (CPC), particularly in the context of legal representation and rights to execute a decree posthumously.
After the demise of Avtar Singh, Harjinder Kaur claimed to be his widow and sought to continue the execution proceedings originally initiated by Singh against his son, Inderjit Singh. This claim was challenged due to insufficient proof of her marriage to Avtar Singh, leading to contradictory findings by the Executing Court on her legal status.
Legal Representation and Execution Rights: The High Court criticized the lower court for permitting Kaur to act in the execution proceedings without concrete evidence of her marriage to Avtar Singh. The judgment emphasized the necessity of proven legal heir status in execution matters.
Documentary Evidence and Legal Heir Status: The court addressed procedural inaccuracies in handling documentary evidence that had been merely marked but not exhibited. It noted a general procedural failure to authenticate documents critical to establishing Kaur’s status as a legal heir.
Highlighting these judicial missteps, the High Court has remanded the case for a fresh evaluation. It directed all involved parties to reappear before the Executing Court with adequate legal representation on May 13, 2024, to properly address these fundamental issues.
Date of Decision: April 19, 2024
Inderjit Singh vs. Avtar Singh through his alleged wife Harjinder Kaur
