IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 518 of 2009 Date of decision: 24.05.2011 Gurbaksh Singh …. Petitioner Versus Hoshiar Singh (deceased) through LRs … Respondents Smt. Kesri Devi etc. Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the petitioner: Mr. N.K. Thakur, Advocate. For the respondents: Mr. Sanjeev Kuthiala, Advocate, for respondents No. 1(a) and 1(b). Mr. S.K. Sood, Advocate, for respondent No. 2. Mr. Sanjeev Kumar, Advocate, Court Guardian, for respondents No. 5 and 6. V.K. Ahuja, J. (Oral): The present petition under Article 227 of the Constitution of India, has been filed by the petitioner challenging the order dated 27.7.2009 passed by the learned Civil Judge (Junior Division), Court No. II, Amb, closing the evidence of the defendants/petitioner by order of the Court. 2. A notice of the petition was issued to the respondents. 3. I have heard the learned counsel for the parties and have gone through the record of the case. 4. The petitioner is the defendant before the learned trial Court and a perusal of the record shows that some opportunities were 1Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 given to the petitioner to produce his evidence, which was not produced and on subsequent dates, affidavits of the witnesses were filed and time was given for cross-examination of the defendants. A perusal of the record shows that on 17.4.2009, the defendants’ witnesses were present, but request was made on behalf of the counsel for the plaintiff for cross-examination, which was granted. However, it was mentioned that it is the last opportunity being given and on 27.7.2009, evidence of the defendants was closed by order of the Court. Keeping in view the fact that on the date fixed prior to the closure of the evidence, defendants’ witnesses were present, it is desirable that one opportunity could have been given to the defendants to produce the witnesses. Accordingly, the petition is allowed and one opportunity shall be given to the petitioner to lead his evidence subject to ` 500/- as costs. The case shall be fixed for defendants’ evidence by the learned trial Court and the petitioner shall produce the witnesses on his own responsibility. However, assistance of Dasti summons, if prayed for, by filing an application, can be had. Parties through their learned counsel are directed to appear before the trial Court on 22nd June, 2011. A copy of this order be sent to the learned trial Court for information and necessary compliance. Records of the learned trial Court be returned forthwith. 5. In view of the disposal of the main petition, all the pending miscellaneous application(s), if any, also stand disposed of. Interim order shall also stand vacated. Copy Dasti. ( V.K. Ahuja ), May 24, 2011 Judge (BSS) 3 4