IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No.430 of 2022 Decided on 05th September, 2025 Shri Subhash Chander Mehra (deceased) through LRs …Petitioners Versus Ashok Kumar (deceased) through LRs …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioners: Mr. Surinder Saklani, Advocate. For the respondents: Mr. Sanjay Sharma, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioners have assailed order dated 01.07.2022, passed by learned Senior Civil Judge, Dharamshala, H.P., in terms whereof, the right of the petitioner- plaintiff to lead evidence has been closed. 2. Learned counsel for the petitioners submits that unfortunately in this case, the contesting plaintiff died and the present petitioners are the widow and daughters of the said plaintiff and as they were under shock on account of the death of the plaintiff, they could not do the needful. He submits that even otherwise, only one witness has to be examined by the 2 petitioners on self-responsibility. 3. Though the prayer is opposed to by learned Senior Counsel for the respondents, but this Court is of the considered view that in these peculiar facts ignoring the number of opportunities that have been granted, in the interest of justice, no prejudice would be caused to the respondents if one opportunity is granted to the petitioners. 4. Accordingly, impugned order dated 01.07.2022 is modified to the extent that one opportunity shall be granted by the learned Trial Court to the present petitioners to lead evidence on self-responsibility. This will be subject to payment of cost of Rs.5,000/- by the petitioners to the respondents. Parties through counsel to appear before the learned Trial Court on 16.09.2025. In case, on the said date, costs are paid to the respondents by way of a bank draft, then, the Court shall fix a date for recording the evidence of the petitioners. On that date, whatever evidence has to be led by the petitioners shall be produced on self- responsibility. If cost is not paid, then, the opportunity being granted by this Court shall loose its efficacy. Similarly, if on the date fixed by the Court, the evidence is not led by the plaintiff, no 3 further opportunity for any reason whatsoever shall be granted and this order shall loose its efficacy and the order passed by the learned Court dated 01.07.2022 shall become enforceable. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge September 05, 2025 (Vinod)