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High Court of Himachal Pradesh · body

2022 DAILYLAW 910 (HP)

RATTAN CHAND (deceased) through his LRs Gopal Krishan and others v. OM PRAKASH AND ANR

CMP/30486/2025 · 2026-03-30

Virender Singh

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Rattan Chand versus Om Prakash & Others CMP(M) No.1642 of 2022 30.03.2026 Present: Mr. Ashish Verma, Advocate for the applicants. Mr. Aman Parth Sharma, Advocate, for the respondents. CMP No. 30486 of 2025 By way of the present application, a prayer has been made to permit the applicants to submit additional list of witnesses, in the proceedings, which were initiated, under Order 39 Rule 2(A) CPC. 2. As per the application, the lis was listed, before this Court, on 8th January, 2026, for AWs and thereafter, the present application has been moved to summon three witnesses to prove the fact that the applicants had lodged a complaint with CM Helpline No.1100, through GPA Vijay Kumar, with regard to the unauthorized possession of the respondents, over khasra No.1482, which is Abadi Deh. 3. By way of the present application, a prayer has been made to permit the applicants to summon the witnesses, mentioned in the additional list of witnesses, who have taken action, in pursuance of the said complaint. 4. This application has been contested by the respondents, mainly on the ground that the inquiry report has not been annexed with the application, under Order 39 Rule 2(A) CPC, nor, the applicant could cross the bar, as created by Order 16 Rule 1(3) of CPC, by showing ‘sufficient cause’ for not including these witnesses, in the list of witnesses, which has initially been filed, in the present case. 5. Heard. 6. Considering the fact that the matter is still at the stage of evidence of the applicants and the proposed witnesses are the persons, who had dealt with the complaint moved by the applicants, through his GPA Vijay Kumar, on CM Helpline No.1100 and in the reply, nothing has been mentioned about the prejudice, which is going to be caused to the respondents, if the application, under consideration is allowed, the application is liable to be allowed. 7. Consequently, the application is allowed and the applicant is permitted to examine the witnesses, as mentioned, in the additional list of witnesses. Steps be taken within a period of five days from today. Thereafter, the said witness be summoned for the date fixed by the learned Registrar (Judicial). The application stands disposed of. (Virender Singh) Judge March 30, 2026 (ps)