2025:HHC:18764 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.441 of 2022 Decided on: 18.06.2025 Ram Krishan & another ...Petitioners Versus Sushma Bhardwaj & another ...Respondents Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the petitioners: Mr. Romesh Verma, Senior Advocate with Mr. Digvijay Singh Bisht, Advocate. For the respondents: Mr. Sanjay Bhardwaj, Advocate. Satyen Vaidya, Judge (oral) Aggrieved against the order dated 16.08.2022, passed by learned Civil Judge, Anni, District Kullu in Civil Suit No.77-1/2014, whereby the evidence of the petitioners has been ordered to be closed, the petitioners have filed the instant petition. 2. One of the grounds raised by learned senior counsel for the petitioners is that the matter was listed on 28.06.2022 before learned trial Court and on that date, it was adjourned to 26.08.2022, with direction to the petitioners to produce their witnesses at self- responsibility, but the case was taken up on 16.08.2022 instead of 26.08.2022 without prior notice to the parties and on that date, when the petitioners could not produce their witnesses the impugned order was passed. 2 3. In order to verify the factual aspect, the original record of learned trial Court in Civil Suit No.77-1/2014 was requisitioned. From the record, the contention raised by the petitioners is substantiated. Evidently, there is nothing on record to suggest that the date was changed from 26.08.2022 to 16.08.2022 with prior notice to the parties. Even learned counsel for the respondents has not disputed this factual aspect. 4. In above circumstances, it can be safely said that the impugned order is harsh upon the petitioners as they were taken unaware. Obviously, the petitioners could not have produced their evidence on 16.08.2022 when they were asked to do so on 26.08.2022. 5. In result, the impugned order dated 16.08.2022 is set aside with direction to the learned trial Court to afford an opportunity to the petitioners/defendants to lead their evidence in terms of order dated 28.06.2022. The parties to appear before learned trial Court on 9th July, 2025 on which date learned trial Court will fix the date to enable the petitioners/defendants to lead evidence. Records be sent back forthwith. 5. The petition is accordingly disposed of along with pending application, if any. (Satyen Vaidya ) Judge 18th June, 2025 (vt)