The Punjab and Haryana High Court has ruled that an elderly witness in a long-pending inheritance dispute can give evidence through video conferencing, emphasizing that courts should make full use of available technology to ensure access to justice and reduce hardship for witnesses.
Justice Virinder Aggarwal passed the order while allowing a revision petition filed by Ashwani Kumar Sharma against an order of a Chandigarh trial court.
Background of the Case
The dispute relates to succession and inheritance rights concerning the estate of late Prabha Kanta Sharma. According to the petitioner, a registered Will executed in December 1979 and registered in January 1980 bequeathed the disputed property to him and certain family members in equal shares.
To prove the Will, the petitioner sought permission to record the testimony of one of its attesting witnesses, Dr. Plom Khurana, through video conferencing. The application stated that the witness, around 78 years old and residing in Gurugram, was unable to travel to Chandigarh due to personal and medical circumstances, including the responsibility of caring for her seriously ill husband.
However, the trial court rejected the request, holding that age alone was not sufficient to exempt the witness from appearing physically in court.
Court's Observations
Hearing the matter, Justice Aggarwal examined the High Court's Video Conferencing Rules and noted that they expressly permit witnesses to be examined through virtual means.
The Court observed that the necessary technological infrastructure already exists to facilitate judicial proceedings through video conferencing and that the rules framed by the High Court provide a detailed procedure for recording witness testimony remotely.
Referring to the circumstances of the witness, the Court said the request was neither unreasonable nor unjustified.
The bench observed,
“The witness in question is of advanced age and, as brought to the notice of the Court, has recently suffered the loss of her husband after attending to his prolonged medical condition.”
The Court further noted that such circumstances constituted valid and compelling reasons for allowing evidence to be recorded through virtual mode. It also rejected concerns regarding identification of signatures and documents, pointing out that relevant records could be transmitted to the witness in advance and shown during the virtual examination.
Decision
Allowing the revision petition, the High Court set aside the trial court's order dated March 20, 2026.
The Court directed the trial court to record the testimony of the attesting witness through video conferencing in accordance with the applicable rules and procedure. It also clarified that its observations were limited to the issue of recording evidence and should not influence the merits of the underlying inheritance dispute.
All pending miscellaneous applications were disposed of accordingly.
Case Details
Case Title: Ashwani Kumar Sharma v. Rama Rani Sharma and Others
Case Number: CR-4160-2026 (O&M)
Judge: Justice Virinder Aggarwal
Decision Date: May 27, 2026
