2025:HHC:29949 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 460 of 2022 Decided on: 03.09.2025 Raj Ali and others … Petitioners Versus Najeeb Deen and others .… Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioners : Mr. Hoshiar Singh Rangra, Advocate. For the respondents : Mr. J.P. 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 keeping in view the fact and circumstances mentioned herein above, this petition may kindly be allowed and the order dated 09.03.2022 passed by Learned Civil Judge Chachiot at Gohar, District Mandi, H.P. annexed as P-3 be set aside and quashed in the interest of justice.” 2. Learned Counsel for the petitioner submitted that in terms of order dated 09.03.2022, right of the defendants to lead evidence has been closed. He candidly submitted that though reasonable opportunities were granted to the petitioners to lead 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:29949 evidence in their defence but it was on account of the fact that their learned Counsel was very sick and he had advised them not to produce any witness as he was not in a position to get the statement of witnesses recorded or have them cross examined on the said date that they did not produce witnesses. 3. Having heard learned Counsel for the parties, though the Court prima facie does not find any infirmity in the impugned order however, as the learned Counsel for the petitioner has contended that grave injustice would be caused to the petitioners because they are not at fault for what happened, one more opportunity is granted to the petitioners to lead evidence in their defence on self responsibility, subject to payment of cost of Rs.10,000/- by the petitioners/defendants to the plaintiffs. Parties through Counsel are directed to appear before learned Trial Court on 16.09.2025. On the said date, in case, the cost of Rs.10,000/- by way of a bank draft is paid in favour of plaintiff No. 1 by the defendants, then, learned Trial Court will give one opportunity to the defendants to lead evidence and that too on self responsibility. It is clarified that in case the defendants do not avail this opportunity, then no further opportunity shall be granted to them and in no event, more than one opportunity, as has been ordered by this Court, will be granted to the petitioners to lead evidence. 3 2025:HHC:29949 The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any. (Ajay Mohan Goel) Judge September 03, 2025 (narender)