20.8.2008 Present: Mr. Bimal Gupta, Advocate, for the appellant. Mr. Mohan Singh, Advocate, for the respondents. FAO No. 138/2008 When the matter was taken-up for hearing, learned counsel for the respondents submitted that he does not press the allegations made against the counsel conducting the proceedings in the trial Court. Mr. Gupta, learned counsel for the appellant fairly agreed to the same. Learned counsel for the respondents stated that his clients undertake to appear before the trial Court and produce their witnesses at their own risk and responsibility and ensure that their evidence is completed within one month from the date of first hearing before the trial Court. He further submits that his clients shall not take any adjournment for leading their evidence on any ground whatsoever. He further submits that he has no objection to the amount of costs being enhanced to Rs.4000/-.from Rs.1500/-. The appellant herein as plaintiff filed a Civil Suit No. 7/1 of 2005 against the defendants (respondents herein), which was decreed in terms of judgment dated 21.2.2006 by the Civil Judge (Sr. Division) Sirmaur District at Nahan, H.P. The respondents-defendants assailed the same and in terms of the judgment dated 27.2.2008, Civil Appeal No. 34-CA/13 of 2007 was allowed by the District Judge, Sirmaur at Nahan, H.P., whereby an additional opportunity for leading evidence was afforded to the defendants, subject to payment of costs and the counsels were directed to appear before the trial Court on 17.3.2008. It is against this order the present appeal has been filed by the plaintiff. I have perused the impugned judgment and also the record. There is no doubt that the defendants had been negligent in pursuing the proceedings before the trial Court, but however, keeping in view the reasoning given by the first Appellate Court as also the ratio of law laid down by the Apex Court in various judgments referred to and relied upon by the first Appellate Court, the interest of justice requires that the defendants be given an opportunity to lead evidence. The respondents-defendants through their learned counsel have furnished an undertaking to this Court which is recorded separately. Keeping in view the totality of the facts and circumstances, the undertaking of the learned counsel for the respondents is accepted and taken on record. The parties are directed to appear before the trial Court on 22nd September, 2008. The trial Court shall fix a date for examination of the respondents- defendants witnesses, which shall be brought at their own risk and responsibility. The entire evidence shall be recorded within three months from the date of first appearance. An effort shall be made by the trial Court to conclude the entire proceedings as expeditiously as possible and before 31st March, 2009. The costs shall be paid to the appellant-plaintiff on the date of hearing before the trial Court. It is clarified that if no costs are paid then the opportunity to lead evidence shall be closed. With these observations, the present appeal is disposed of, so also the pending application. ( Sanjay Karol ), J. August 20, 2008 (rana)