IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.131 of 2008 Date of decision: 27.12.2010 Subhash Thukral …. Petitioner Versus Raj Kumar & ors. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting? No For the petitioner: Mr.Karan Singh Kanwar, Advocate. For the respondents: Mr.Ajay Chandel, counsel for respondents No.1 & 3 to 6. _____________________________________________ Deepak Gupta, J.(Oral) By means of this petition, the petitioner has sought modification of the order dated 25.10.2010 passed by this Court. While allowing the petition filed by the present petitioner, this Court had passed the following order: “4. The parties through their counsel are directed to appear before the learned trial Court on 29th November, 2010 and the learned trial Court shall fix the date for recording the statements of the defendant witnesses in the month of December, 2010/January, 2 2011. It will be the responsibility of the petitioner to produce his evidence on his own responsibility since the affidavits filed are only of the defendants. No other evidence shall be permitted to be led. This order is passed subject to the condition that the petitioner- defendant shall pay costs of Rs.2,000/- to the plaintiff on the date next fixed before the trial Court. In case the costs are not paid then the petition shall be deemed to have been dismissed.” It is now prayed that this order be partly modified since one of the witnesses namely Pawan Khuranna whose affidavit had been filed has expired and one witness Sh.Narender Singh, s/o Sh.Balwant Singh is not traceable. I had called for the affidavits of these two witnesses and I find that they are virtually identical. Therefore, the purpose of the petitioner-defendant shall be served in case one witness is permitted to be examined in place of these two witnesses. It is made clear that this witness shall only depose in respect of what was stated by S/Sh.Pawan Khuranna and Narender Singh in their affidavits and shall not depose on any other aspect of the matter. Instead of filing an affidavit of this witness, he shall be produced by the petitioner-defendant and shall be examined and 3 cross-examined in the Court itself. The order dated 25.10.2010 is modified accordingly. I have been informed that the matter is fixed before the learned Trial Court for 13.1.2011 for arguments. Instead of arguments being heard, the petitioner-defendant shall be permitted to bring one witness who shall be examined and cross-examined in Court on that date and thereafter, the learned Trial Court shall hear the arguments in the matter. No further opportunity shall be granted to the petitioner- defendant to produce the witness and if the petitioner does not produce any witness on 13.1.2011, his right to lead any further evidence shall stand closed by the order of the Court. The order dated 25.10.2010 is modified to this extent only. The petition is disposed of in the aforesaid terms. No costs. Dasti copy. December 27, 2010 ( Deepak Gupta ) (m) Judge 4