2025:HHC:30060 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 396 of 2022 Decided on: 04.09.2025 Sh. Pritam and another … Petitioners Versus Manohar Lal .… Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioners : Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate. For the respondents : Mr. Sanjeev Sharma, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition filed under Article 227 of the Constitution of India, the petitioners have prayed for the following reliefs:- “It is therefore respectfully prayed that the present petition may very kindly be allowed and the impugned order dated 10- 06-2022, which is annexed as ANNEXURE P-5, passed by the learned Civil Judge, Court No. III, Amb, District Una, H.P., on CMP 455/21/18, in Civil Suit No. 177/18, titled as Manohar Lal Vs. Pritam Chand, may very kindly be quashed and set aside and an opportunity to lead evidence may kindly be afforded on any terms and condition, or the Hon'ble Court may please to pass any such other or further order which may be deem just and proper in the facts and circumstances of the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:30060 present case.” 2. Learned Senior Counsel appearing for the petitioners submits that the impugned order has been passed by the learned Court below without appreciating the fact that reasonable opportunities were granted to the petitioners to lead their evidence. Learned Senior Counsel has further submitted that petitioners intend to examine one of them and one more witness and therefore, interest of justice would be served, in case, one more opportunity is granted to the petitioners to lead evidence on self responsibility. 3. Though the petition is opposed by learned Counsel for the respondent, however, this Court is of the considered view that it would be in the interest of justice, in case, one opportunity is granted to the petitioner to lead evidence and that too on self responsibility. 4. Accordingly, this petition is disposed of by modifying order dated 10.06.2022 to the effect that one opportunity shall be granted to the petitioners by the learned Court below to lead evidence on self responsibility. In case, the petitioners fail to avail said opportunity, then no further opportunity shall be granted in this regard. This of course shall be subject to payment of cost of Rs.5,000 by the petitioners to the respondent. 5. Parties through their respective learned Counsel are directed to appear before learned Trial Court on 23.09.2024. On the 3 2025:HHC:30060 said date, a date shall be given by the learned Court below for recording the statement of witnesses of the defendants. Cost will have to be paid by the petitioners to the plaintiff on the next date by way of a bank draft. In the event of this being done, one opportunity shall be granted by the learned Court below to the present petitioners to lead their evidence on self responsibility. If cost is not paid, then this order will lose its efficacy. If one opportunity granted by the Court is not availed by the petitioner, then also, this order will loose its efficacy. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 04, 2025 (narender)