IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.411 of 2010 Date of decision: 22.12.2010 Baljit Singh & ors. …. Petitioners Versus Des Raj & ors. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting? No For the petitioner: Mr.Sanjay Jaswal, Advocate. For the respondents: None. _____________________________________________ Deepak Gupta, J.(Oral) This petition is directed against the order dated 9.6.2010 whereby the evidence of the petitioners/plaintiffs was closed by the learned Civil Judge (Senior Division), Nurpur, District Kangra. Issues in the case were framed on 25.3.2009 and thereafter, the case was fixed for the evidence of the plaintiffs on 10.6.2009, 26.8.2009, 16.9.2009, 31.3.2010 and 9.6.2010. The plaintiffs have partly led evidence. Five opportunities have already been granted to the plaintiffs to produce their remaining 2 evidence but the witnesses were not produced. In normal circumstances, I would not have granted any further opportunity to the petitioners but it has been urged that the learned counsel for the petitioners remained unwell and was under treatment for a long period. Therefore, by way of indulgence, one last opportunity is granted to the petitioners to lead evidence. In view of the above discussion, this petition is allowed and one last opportunity is granted to the petitioners to lead evidence. This will be subject to payment of Rs.1000/- as costs. The petitioners are directed to appear before the learned Trial Court on 27.1.2011 on which date, the costs shall be paid. The learned Trial Court shall give only one date to the petitioners to produce their evidence and it shall be their responsibility to serve and produce their witnesses. The Registry is directed to send the record of the learned Trial Court back so as to reach well before the date fixed. December 22, 2010 ( Deepak Gupta ) (m) Judge 3 4