IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 562 of 2009. Date of Decision: March 4, 2010. Dev Sukh and another. …….. Petitioners- Defendants. Versus Gangi Lamu and others. ........ Respondents- Plaintiffs. Coram Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting1? No. For the Petitioners : Mrs. Devyani Sharma, Advocate, vice Mr. Ramakant Sharma, Advocate. For the respondents : Mr. V.S. Chauhan, Advocate, for respondents No1 to 3. None for other respondents. ____________________________________________________ Surinder Singh, Heard. Respondents No.1 to 3 are plaintiffs. They filed a suit for perpetual injunction against the defendant- petitioners herein and also the proforma respondents. The evidence of the plaintiff-respondents is over. The defendants were afforded ten opportunities to lead their evidence in Civil Suit No.58-01 of 2006, by learned Civil Judge (Senior Division) Reckong Peo. According to the learned counsel for the defendant - petitioners, only Shri Lalit Sharma, Tehsildar, Baddi, is to be examined and the process was issued against him, but the report did not Whether reporters of the Local papers are allowed to see the judgment? - 2 - return when the case was fixed for his evidence on 29th August, 2009, as such, remaining evidence of the defendants was ordered to be closed. Come what may be the reason, but it is evident that the defendants were given ten opportunities to lead their evidence. But however, in view of the aforesaid facts and circumstances, one more opportunity may be accorded to meet the ends of justice to get the said Tehsildar served and examined, subject to the payment of cost of Rs.2,000/-, to be paid by the defendants- petitioners to the plaintiffs-respondents on the first day of their appearance before the learned trial Court. Thus, the order dated 29th August, 2009 is hereby set-aside and defendants-petitioners are hereby afforded one more opportunity to examine the Tehsildar aforesaid. The parties are hereby directed to be present before the learned trial Court on 7.4.2010 at 10.00 a.m. On that day, the defendants shall file PF and DM etc. for the service of said Tehsildar and may also obtain Dasti summons for his service. In case, he fails to turn up despite service, coercive method be taken against him and thereafter opportunity to lead rebuttal evidence, if any, be afforded to the plaintiffs. With these directions, the matter stands disposed of. Record of the learned trial Court be returned so as to reach there before the date fixed. March 4, 2010. (Surinder Singh),J (Pds) - 3 -