IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.352 of 2010 (M/S) Ram Lal .…Petitioner Versus Trilok Singh Chuahan ..Respondents Mr. Neeraj Garg, Advocate for the petitioner. Mr. Arvind Vashistha, Advocate for the respondent. Hon’ble V.K. Bist, J. (Modification Appl. No.329 of 2010) (Modification Appl. No.370 of 2010) Learned counsel for the petitioner informed that the order passed by this Court on 08.04.2010 was duly communicated to the Additional District Judge, Rishikesh by which time schedule was framed. Respondent/landlord filed an application, supported by an affidavit before the Additional District Judge, Rishikesh bringing this fact to the notice of the Court. This fact was also orally told to the learned Additional District Judge, Rishikesh by the counsel for both the parties but learned Additional District Judge, Rishikesh rejected the application in the absence of certified copy of the order. When the application was filed by one of the party supported by an affidavit and counsel for both the parties stated before the court concerned about the order passed by this Court, the Additional District Judge, Rishikesh should not have disbelieved the statement of learned counsel for the parties. Heard learned counsel for the parties. In the interest of justice, last paragraph of my order dated 08.04.2010 is modified in the following manner:- 2 “1. On 05.07.2010 the defendant will cross examine the plaintiff witness. Same day he will also supply a copy of the list of his witnesses. 2. The defendant/petitioner will file the affidavit of his witnesses on 12.07.2010 and the same will be cross examined on 13.07.2010. In case the defendant/ petitioner wants to file affidavit of other witness also he will file in the Court on 13.07.2010 and in case he does not file affidavit of other witnesses on 13.07.2010 he can file the same before the previous witnesses is cross examined. The trial court will proceed on day today basis.” It is made clear that narration of fact as given in the order dated 08.04.2010 will not be treated as finding as same is based on the pleadings of the petitioner made in the petition. Any application filed by the parties for summoning the witness will also be considered by the trial court. Both the applications are disposed of accordingly. (V.K.Bist. J,) 21.05.2010 Arti 3