IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 189 of 2010 Date of decision: 29.12.2010. Tiloksons Brewery and Distillery …Petitioner. Versus M/s Chopra and Co. and others …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. Karan Singh Kanwar, Advocate. For the respondents: Mr. Pawan Sharma, Advocate. No. 2 and 3. Deepak Gupta, J. (oral) 1. By means of this petition, the petitioner challenges the order dated 29.3.2010 whereby the evidence of the plaintiff has been closed. 2. As rightly recorded by the learned trial Court ample opportunities were given to the plaintiff to lead evidence. I have verified the record myself and I find that as many as 14 effective hearings were given to the plaintiff to record his evidence. No litigant has a right to claim indefinite hearings and in this case more than ample opportunities were given to the plaintiff to lead evidence. It is stated by Shri Karan Singh Kanwar, learned counsel for the plaintiff, that the 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 witness could not be present on the last two dates because of illness of his relative and secondly that he had to go to attend the funeral. 3. By way of indulgence one last opportunity is given to the plaintiff to produce Shri Mukesh Kumar Aggarwal for cross-examination. Affidavit of Shri Mukesh Kumar Aggarwal in examination-in-chief has already been filed and he will be produced in the Court below on the date now being fixed for presence of the parties. This order is passed subject to the condition that the plaintiff shall pay Rs.5,000/- as costs to the defendants. The costs shall also be paid on the date next fixed before examination of Shri Mukesh Kumar Aggarwal. In case, costs are not paid or Shri Mukesh Kumar Aggarwal not produced then this petition shall be deemed to have been dismissed. The parties through their counsel are directed to appear before the learned trial Court on 16th February, 2011 on which date the learned trial Court shall proceed to record the cross-examination of Shri Mukesh Kumar Aggarwal, if he is present and in case costs are tendered in terms of today’s order. The petition is disposed of in the aforesaid terms. 29th December, 2010 (Deepak Gupta) ™ Judge