IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Revision No. 66 of 2011. Decided on: 27.9.2011. Bhayee Sikander Singh …Petitioner. Versus Sh. Ashok Singh & others … Respondents. _____________________________________________________ Coram The Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 No. For the Petitioner : Mr. J.L. Kashyap, Advocate. For the respondents : Mr. Ashok Sood, Advocate for respondent No.1. : Mr. Jagat Singh Shyam, Advocate for respondentNo.3. V.K. Sharma, Judge (Oral) Notice issued to respondent No.2 has been received back with the endorsement “refused”. Accordingly, respondent No.2 is proceeded against ex parte. 2. Since respondent No.4 is proforma respondent and his interest is with the petitioner, notice need not be issued to him in the present revision petition. 3. Heard. Indisputably the entire evidence on behalf of the petitioner, who is plaintiff before the learned Court below is over and it is he who alone is to make statement as his own witness. The case was fixed for this purpose in that Court on 7.4.2011. However, since on or about the date fixed, a death is stated to have taken place in the family of his counsel, due to which the learned counsel could not take steps to inform him about the date 1 Whether reporters of the local papers may be allowed to see the judgment? No. fixed in the learned Trial Court and the purpose thereof. It was in such circumstances that the evidence on behalf of the petitioner-plaintiff was closed by order of the Court impugned in the present petition, despite an application for adjournment having been moved. 4. Against the above backdrop, though sufficient opportunities had already been granted to the petitioner-plaintiff for leading evidence which also includes making of statement by him as his own witness, yet in the facts and circumstances of the case, it would be expedient and in the interest of justice that one more opportunity is granted to him to conclude his evidence. 5. In view of the above, the petition is allowed. The petitioner- plaintiff shall make statement before the learned Trial Court, either personally or by way of affidavit on 31st October, 2011, which shall be the last opportunity. The parties through their learned counsel are directed to appear before the learned Trial Court on 31st October, 2011. The requisitioned records be sent back, so as to reach well before the date fixed. The petition stands disposed of. (V.K. Sharma), Judge. 27th September, 2011 (Krn Guleria)