C.R. No.3783 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.3783 of 2010 (O&M) Date of Decision: 26.10.2010 Sh. Rakesh Kumar ……Petitioner VERSUS Sh. Karam Chand Garg and another ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: None for the applicant/petitioner. Mr. Rishi Nijhawan, Advocate for the respondent. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the order dated 8.5.2010 passed by learned Additional Civil Judge (Sr. Division), Kaithal, whereby application moved by the plaintiff – petitioner herein C.R. No.3783 of 2010 (O&M) -2- to permit him to summon the UHVBN, patwari and Halka Kanongo was rejected. 2. Learned trial Court has rejected the application on the ground that applicant/plaintiff has availed as many as five last oppor- tunities and has not even deposited expenses for summoning of these witnesses. It was further observed by the learned trial Court that there is no explanation as to why an expense was not deposited within fortnight of framing of issues. 3. From the perusal of record, I find that necessity to exam- ine UHVBN, patwari and Halka Kanongo arose to prove the fact, as to whether property in dispute is situated within Village Fatehpur or is situated within the municipal limit. 4. Ordinarily, law does not help those who do not help them- selves. However, hyper-technical view should be avoided to deny the reasonable opportunities to the parties to place on record entire evidence and material enabling the Court to decide the lis at its own merit. 5. In the opinion of this Court, a last opportunity should be granted to the plaintiff-petitioner to summon the UHVBN, patwari and Halka Kanongo. Learned trial Court shall summon the UHVBN, pat- wari and Halka Kanongo for their examination on steps being taken by the plaintiff/petitioner within 15 days from today. It is made clear that if plaintiff-petitioner fails to take any step to summon the wit- nesses their right to examine the witnesses shall stand closed. C.R. No.3783 of 2010 (O&M) -3- Plaintiff-petitioner shall pay Rs.5000/- as costs to the defendant-re- spondent within 15 days from today. 6. Petition stands disposed of accordingly. ( ALOK SINGH ) 26th October, 2010 JUDGE ashish