IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Civil Revision No.56 of 2008. Date of decision: 18.3.2009. M/s.The Himalayan Getaways & Others. …Petitioners Versus Sh.Surinder Pal Sood …Respondent Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 No. For the Petitioners: Kanwar Bhupender Singh, Advocate. For the Respondents: Mr.Neeraj Gupta, Advocate. Dev Darshan Sud,J. The plaintiffs/petitioners have filed this revision petition against the order of the learned Civil Judge (Senior Division), Kinnaur District Camp at Rampur Bushahr, H.P., closing the right of the plaintiffs to lead evidence. The plaintiffs-petitioners herein had moved an application for adjournment on the ground that two witnesses, namely, Keley Dorjey and Surinder Iqbal were unable to attend the Court because Ms.Dorjey was attending the after death ceremonies of her sister and Shri Surinder Iqbal was stricken with cancer and unable to appear in Court. The learned Court holds 1 Whether the reporters of Local Papers may be allowed to see the judgement? Yes. 2 that since last opportunity had been granted to the plaintiffs, no other or further opportunity should be granted. True that a litigant cannot be given unlimited liberty for seeking adjournment(s) and to contest the case at his convenience, but at the same time the circumstances pleaded in this case show that the witnesses of the plaintiffs were incapacitated for circumstances beyond their control and in these circumstances, the rule of prudence required that the plaintiffs should have been given another opportunity to lead evidence. In this view of the matter, the order passed by the learned trial Court is set aside. It is directed that the plaintiffs shall be granted an opportunity to examine these two witnesses on a date to be fixed by the learned trial Court. It is also clarified that in case the witness who is suffering from cancer cannot attend the Court, his evidence be recorded by issuance of Commission, if so requested. This petition is disposed of with the following directions:- (a) The learned trial Court shall grant one opportunity to the plaintiffs to examine two witnesses namely, Ms.Keley Dorjey and Mr.Surinder Iqbal. In case Mr.Surinder Iqbal cannot attend the Court, then his evidence be recorded by Commission, if so requested by the plaintiffs; 3 (b) The defendant will have full opportunity to cross-examine these witnesses and to lead such other or further evidence in favour of his defence if it deemed necessary; (c) Costs of Rs.5000/- will be paid by the plaintiffs/petitioners to the defendant on the first date of appearance before the trial Court which is fixed on 28.5.2009. It is clarified that in case costs are not paid on the first date of appearance, this revision petition will be deemed to have been dismissed with all necessary consequences; (d) Parties shall appear before the learned trial Court on 28.5.2009. Records, as received, be sent back to the trial Court immediately. March 18, 2009. (Dev Darshan Sud) (aks) Judge.