IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 406 of 2010. Date of decision: 9.3.2011 Smt. Meena Devi & Ors. …Petitioners. Versus Ram Singh & Ors. …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioners: Mr. Neel Kamal Sharma, Advocate. For the respondents: Mr. Abhinay Sharma, Advocate. Deepak Gupta, J. (Oral) 1. By means of this petition the petitioner has challenged the order dated 18.10.2010 passed by the learned Civil Judge (Junior Division), Joginder Nagar closing the evidence of the defendants. 2. I am constrained to observe that the impugned order shows total non application of mind on behalf of the Presiding Officer. The only witness sought to be examined was Sh. Yashwant Singh who was posted as Presiding Officer, Fast Track Court, Chamba. The petitioners-defendants before the learned Trial Court 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 moved an application for adjournment stating therein that they had contacted the witness Sh. Yashwant Singh, Presiding Officer, Fast Track Court, Chamba who had told them that he had to attend a training at Bhopal and therefore would be unable to attend the Court on 18.10.2010. This aspect has not been dealt with by the learned Trial Court while closing the evidence of the petitioners-defendants. 3. When a party is summoning a witness who happens to be a Judicial Officer and states that the Judicial Officer has informed him that he had prior engagements, it was the duty of the Court to grant one more opportunity. Therefore this petition is allowed and the impugned order dated 18.10.2010 is set aside. 4. The parties through their learned counsel are directed to appear before the learned Trial Court at Joginder Nagar on 17.4.2011. The learned Trial Court shall give one further opportunity to the plaintiffs- defendants to lead their evidence. It shall be the duty of the plaintiffs-defendants to serve the witness and they shall take Dasti summons in that behalf. In case the witness does not appear despite service, then the Court can take coercive steps to ensure the presence of the witness. The Registry is directed to ensure that 3 the record be sent back so as to reach the learned Trial Court well before the date fixed. No costs. “Dasti Copy” 9th March, 2011 (Deepak Gupta) (Krn Guleria) Judge