IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 28 of 2011 Date of decision: 28.02.2011 Bimla Devi & another ... Petitioners Versus Chanderbalbh Negi … Respondent Coram : The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No. For the petitioners: Mr. Ajay Mohan Goel, Advocate. For the respondent: Mr. K.D. Sood and Mr. Sanjeev Sood, Advocates. V.K. Ahuja, J. (Oral): This petition has been filed by the petitioners against the order passed by the learned Civil Judge (Senior Division), Kullu, dated 23.9.2010, closing the evidence of the petitioner (defendant before the trial Court). 2. Heard. 3. I have gone through the record of the case. A perusal of the order-sheets of the learned trial Court show that it was observed that many opportunities numbering five have already been given to the defendants to lead their evidence, but the defendant was not present and it was the last opportunity, which had been given subject to cost. The evidence of the defendant was closed by order of the Court. It is true that sufficient opportunities had been given to the 1Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 petitioner to examine her evidence, but the reason given for the date fixed for hearing was that due to the blockade of the road, the defendant could not appear in Court. Therefore, one last opportunity deserves to be given to the defendant to examine herself, who is only sought to be examined by the petitioner subject to Rs.1000/- as costs, which shall be payable before the learned trial Court on the date fixed for evidence of the defendant. One last opportunity shall be given and the learned trial Court shall proceed with the case thereafter in accordance with law. 4. In view of the above, the petition stands disposed of. Parties through their learned counsel are directed to put up appearance before the learned trial Court on 4th April, 2011. A copy of the order alongwith record be returned to the learned trial Court. ( V.K. Ahuja ), February 28, 2011 Judge (BSS) 3 4