IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 134 of 2010 Decided on 6.8.2010 Rajinder Singh ….Petitioner Versus Bahadur Singh …Respondent Coram The Hon’ble Mr. Justice Surjit Singh, Judge. For the petitioner : Mr. Rupinder Singh, Advocate. For the respondent : Mr. Bimal Gupta, Advocate. Justice Surjit Singh (Oral) Petitioner-defendant wants to examine a witness by the name of Virender Singh. On the date fixed for his evidence, that witness was not present. An application was made for examining the said witness on some other date as he was sick on that day. That application was dismissed by the impugned order dated 20.3.2010. 2. I have heard learned Counsel for the parties. The petitioenr has placed on record the O.P.D slip indicating that the witness was sick on 21st December, 2009, on which date, the petitioner-defendant tendered his own affidavit in evidence. 3. In view of the above stated position, in the interest of justice the application is allowed, subject to costs of Rs. 2000/-. It is ordered that the petitioner shall be afforded one opportunity to produce the above named witness, at self responsibility on the date that will be fixed by the trial Court. The application is disposed of. Parties are directed to appear before the trial Court on 1st September, 2010. August 6, 2010 (HL) (Justice Surjit Singh), Judge