IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 293 of 2010 Date of decision: 6.9.2010 Satish Kumar Petitioner. Versus Bimla Devi and others Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. Praneet Gupta, vice Mr. Neeraj Gupta, Advocate. For the respondents: Mr. Ajay Sharma, Advocate. Deepak Gupta, J. (oral) 1. By means of this order the petitioner has laid challenge to the order dated 26th July, 2010 whereby his right to lead evidence on the additional issues framed on 18th June, 2010 has been closed. 2. The suit is an old one having been filed in the year 2001. The plaintiff filed an application for amendment of the plaint. The said amendment was allowed and as a consequence of allowing such amendment on 18th June, 2010 three additional issues were framed. The learned trial Court vide its order framing the additional issues directed that only one opportunity to each of the parties shall be given to lead 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes. 2 evidence. This was done since the learned trial Court recorded that this is a “targeted case”. Even in a case which is an old one once an application for amendment is allowed and additional issues arise then reasonable opportunity has to be given to the parties to lead evidence. The Court while allowing the amendment application can take into consideration the fact whether it is belated or not or whether it has been made with a view to delay the proceedings. However, once the application is allowed even if the suit is an old one reasonable opportunity must be given to the parties to prove their case. 3. Shri Ajay Sharma, learned counsel for the respondents has contended that the order dated 18th June, 2010 has not been challenged and the direction that only one opportunity would be given has become final. This may be true but the fact is that additional issues were framed as a consequence of an earlier order by which the amendment was allowed. 4. Be that as it may, I feel that the interest of justice will be served in case the petitioner is granted one more opportunity to lead evidence. I have been told at the bar that the case is fixed for 20th September, 2010. On or before the said date the petitioner shall file his complete list of witnesses necessary for 3 adjudication of these three issues only alongwith diet money, process fee, etc. The learned Court below shall fix a date in the month of October for recording the evidence of the plaintiff. It shall be the responsibility of the plaintiff to serve the witnesses by taking Dasti summons. In case any witness does not appear despite service of the summons the Court below may take coercive steps to ensure the presence of the witness on a date to be fixed in the end of October or the first week of November. Thereafter, the respondents shall also be given reasonable opportunity to lead their evidence. The learned trial Court shall make an endeavour to decide the case as early as possible and in any event not later than 31st January, 2011. The petition is disposed of accordingly. No order as to costs. Dasti copy. 6th September, 2010 (Deepak Gupta), J. ™