IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.40 of 2011 Date of decision: 23.2.2011 Smt.Seema Sood & ors. …. Petitioners Versus Ms.Vimla Bhagt & ors. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting? No For the petitioners: Mr.B.M.Chauhan, Advocate. For the respondents: Mr.V.S.Chauhan, Advocate. _____________________________________________ Deepak Gupta, J.(Oral) By means of this petition, the petitioner has challenged the order dated 1.12.2010 passed by the learned Civil Judge (Sr.Division), Shimla whereby the evidence of defendants No.1(b) to 1(d) has been closed. From the record, it is apparent that the petitioners have been given reasonable time to lead evidence but this Court cannot loose sight of the fact 2 that two of the petitioners are minors and it is also the duty of the Court to look-after their interest. Therefore, the order dated 1.12.2010 is set aside and the petitioners are given one more opportunity to lead evidence. It is made clear that it will be the duty of the petitioners to serve the witnesses with the summons and they can also take assistance of the Court. Dasti summons be given to the defendants who thereafter alongwith the process server shall ensure that the witnesses are served. At this stage, Sh.B.M.Chauhan, learned counsel for the petitioners-defendants has made a prayer that by inadvertence, in the list of witnesses, the name of Sub Registrar, Shimla with whom the power of attorney executed by the plaintiff in favour of defendant No.2 was registered has not been mentioned and he prayed that in addition to the witnesses mentioned in the list of witnesses, he may also be permitted to summon the concerned Sub Registrar. This prayer is accepted in the interest of justice. The parties through their counsel are directed to appear before the learned Trial Court on 28.3.2011. 3 The learned Trial Court shall fix the case for the evidence of the defendants No.1(b) to 1(d) in the month of May, 2011. Dasti summons shall be given to the concerned defendants to serve the witnesses as already ordered hereinabove. In addition to the witnesses mentioned in the list of witnesses, the petitioners shall be permitted to summon the concerned officer from the office of the Sub Registrar, Shimla with the record of power of attorney. The petition is disposed of in the aforesaid terms. No order as to costs. February 23, 2011 ( Deepak Gupta ) (m) Judge