IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 422 of 2010: Date of decision: 1.3.2011 Shiv Charan Singh …Petitioner. Versus Raman Kumar and others …Respondent. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioners: Ms. Vidushee Sharma, Advocate. For the respondents: Mr. Ajay Sharma, Advocate. Deepak Gupta, J. (oral) 1. This petition is directed against the order dated 5th October, 2010 whereby the evidence of the defendants was closed by order of the learned trial Court. 2. I have gone through the records and I find that there is no manner of doubt that a number of opportunities were given to the defendants to lead evidence but according to the defendants on 5.10.2003 defendant No.1 Shiv Charan, who was to depose in the case, was unwell and therefore, could not attend the proceedings. Keeping this factor in view, I feel that the interest of justice shall be met if 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 one more opportunity is given to the defendants to lead their evidence. In case list of witnesses has already been filed it shall be the responsibility of the defendants to ensure that their witnesses are served. They shall themselves produce their own witnesses. Only in case a witness is served and does not appear then the Court shall take coercive steps to ensure the presence of the witness. However, as clearly held above, the responsibility of serving the witnesses shall be of the defendants and in case they fail to serve the witnesses they shall not be given any further opportunity. This order is passed subject to the condition that the defendants shall pay Rs.1500/- as costs to the plaintiffs on or before the date next fixed before the trial Court. The parties are directed to appear before the learned trial Court on 4th April, 2011 on or before which date the costs should be paid. In case costs are paid then the Court shall give one opportunity as directed above. The petition is disposed of accordingly. 1st March, 2011 (Deepak Gupta) ™ Judge