CMPMO No. 96 of 2010 06.05.2010 Present:- Mr. Vinay Kuthiala, counsel for the petitioner. Mr. Ashok Kumar Sood, counsel for the respondent. The petitioner has assailed the order dated 17.3.2010 passed by the learned Rent Controller (4), Shimla whereby the evidence of the petitioner was closed. It has been submitted by the learned counsel for the petitioner that no doubt some opportunities were given to the petitioner for producing the evidence but on the day when the evidence of the petitioner was closed, the petitioner could not bring his evidence on account of illness of his wife who was admitted in IGMC, Shimla. The learned counsel for the petitioner has prayed one opportunity to produce the evidence on his self responsibility. He has, however, submitted that for official witnesses, the petitioner may be granted court assistance for summoning those witnesses. 2. The petitioner was granted four opportunities to lead evidence but when he failed to produce the evidence, his evidence was closed by the learned Rent Controller on 17.3.2010. The wife of the petitioner was ill on that date and was admitted in the hospital when the evidence of the petitioner was closed. In these circumstances in the interest of justice, I am of the opinion that one opportunity is required to be given to the petitioner to produce his entire evidence on self responsibility. The petitioner, however, will be given assistance of the court for producing the official witnesses. - 2 - 3 In view of above, the petitioner is given one opportunity to produce the entire evidence on a date to be fixed by the learned Rent Controller. It will be the responsibility of the petitioner to produce the witnesses including the witnesses to be served through Court on the date fixed. The parties through their counsel are directed to appear before the learned Rent Controller (4), Shimla on 20.5.2010. On that date, the learned Rent Controller shall fix the next date for recording the evidence of the petitioner. The petition stands disposed of on above terms. CMP No. 261 of 2010 Infructuous in view of disposal of the main petition. May 6, 2010. ( Kuldip Singh ) (GR) Judge.