IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.622 of 2009 Date of decision: 22.12.2010 Jasbir Singh …. Petitioner Versus Shiv Dyal & ors. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting? No For the petitioner: Mr.K.B.Khajuria, Advocate. For the respondents: Mr.Nimish Gupta, counsel for respondent No.1. Mr.Ashish Verma, counsel for respondent No.2. Mr.Adarsh Vashisht, counsel for respondent No.3. _____________________________________________ Deepak Gupta, J.(Oral) By means of this petition, the petitioner has challenged the order dated 22.10.2009 whereby the evidence of the petitioner was closed by the learned Civil Judge (Sr.Division), Chamba. The undisputed facts of the case are that the petitioner is one of the judgment debtors and is opposing the execution of a decree. The Execution 2 Petition was filed in the year 2006. As per the averments made in the reply filed by the respondents- decree holders, the petitioner was granted nine opportunities to lead evidence, i.e., on 28.8.2008, 16.10.2008, 29.10.208, 4.12.2008, 1.4.2009, 18.5.2009, 23.7.2009, 5.9.2009 and lastly on 22.10.2009. In normal circumstances, I would not have granted any further opportunity to the petitioner but it has been urged that on the last date, i.e., 22.10.2009, the counsel for the petitioner was busy in the ring ceremony of his brother. Therefore, one last opportunity is granted to the petitioner to lead evidence. In view of the above discussion, this petition is allowed and one last opportunity is granted to the petitioner to lead evidence. This will be subject to payment of Rs.3000/- as costs. The parties through their counsel are directed to appear before the learned Trial Court on 11.1.2011 on which date, the costs shall be paid. In case the costs are not paid then the petition shall be deemed to be dismissed and in case the costs are paid then the learned Trial Court shall fix the case for the evidence of the petitioner-judgment debtor in the month of February, 3 2011. Only one date shall be given to the judgment debtor to produce his evidence and it shall be his responsibility to serve and produce his witnesses. Thereafter, the learned Trial Court shall make an endeavour to decide the Execution Petition at the earliest and in any event not later than 30th April, 2011. The Registry is directed to send the record of the learned Trial Court back so as to reach well before the date fixed. Dasti copy. December 22, 2010 ( Deepak Gupta ) (m) Judge 4