IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.266 of 2010 Date of Decision: 6.9.2010. Khem Chand ..Petitioner. Versus. Smt.Harkishan Kaur ..Respondent. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? .No For the Petitioner (s): Mr.Romesh Verma, Advocate. For the Respondent(s): Mr.Suneet Goel, Advocate Deepak Gupta, J (oral) This petition is directed against the order dated 23.6.2010 whereby the petitioner’s right to examine the remaining evidence has been closed. This case has a long and chequered history. Originally the suit was filed in the year 1999. Thrice it was decreed in favour of the plaintiff-respondent but remanded on one ground or the other. In fact on one occasion this Court had issued directions that the matter should be disposed of on or before 31st August, 2006. After the case was decided again an appeal was filed and the matter was remanded back. I also find from the record that on every alternative date of hearing the 2 defendant files a fresh application on one ground or the other. The fact that the defendant is indulging in dilatory tactics is more than obvious from the record. However, the order in question cannot be upheld since evidence of the petitioner has been closed mainly on the ground that the petitioner had not taken steps for summoning the witnesses. On perusal of the record I find that this order is factually incorrect. In fact list of witnesses were filed on 29th April, 2010 and diet money was deposited on 13th May, 2010. Therefore, when summons were issued for 23rd June, 2010 it was the duty of the Court officials to have issued summons. As such the evidence of the petitioner could not have been closed on this ground. Therefore, the petition is allowed subject to the condition that the petitioner himself shall take dasti summons and serve the witnesses. It shall be the responsibility of the petitioner to serve the witnesses. In case he is unable to serve the witnesses then his evidence shall be closed. It is however made clear that if despite service of summons the witnesses do not appear in the Court then the Court shall take coercive steps to ensure the presence of the witnesses. The parties are directed to appear before the learned trial Court on 22nd 3 September, 2010. The Registry is directed to ensure that the record reaches the trial Court before the said date. The learned trial Court shall fix the case for the evidence in the week commencing 18th October, 2010 and the petitioner shall be given dasti summons to serve the witnesses. In case the witnesses are present they shall be examined and in case they fail to appear then coercive steps shall be taken by the Court to examine them in the first week of November, 2010 and the matter shall be heard and decided latest by 30th November, 2010. The petitioner shall not be entitled to file any other application and if any application is filed the same shall be heard and decided at the time of final hearing of the suit itself. No costs. September 6, 2010 ( Deepak Gupta ), J. PV