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High Court of Himachal Pradesh · body

2025 DAILYLAW 19492 (HP)

SUNDER SINGH AND ORS v. RAJINDER KUMAR

CMPMO/375/2025 · 2025-07-09

Satyen Vaidya

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 375 of 2025 Date of decision : 09.07.2025. Sunder Singh & others ...Petitioners. Versus Rajinder Kumar ...Respondent. Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the petitioners : Mr. Varun Chauhan, Advocate. For the respondent : Nemo. Satyen Vaidya, Judge (Oral) The petitioner has assailed order dated 28.3.2025, passed by the learned Senior Civil Judge, Shimla in case No. 71 of 2021, whereby the evidence of the petitioners/plaintiffs has been closed by order of the Court. 2. Record reveals that the issues were framed on 19.5.2023. Thereafter, the petitioners herein were afforded opportunities to lead evidence on 17.6.2023, 15.7.2023, 19.7.2023, 5.9.2023 and 6.11.2023 but till such date neither any witness was examined nor steps were taken. 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- Thereafter, the matter was adjourned for 13.12.2023 on which date, an application under Order 7 Rule 14 of the CPC was filed by the petitioners herein. The said application was also allowed on 21.2.2024. Then again the matter was fixed for evidence of the plaintiffs on 18.7.2024, 4.12.2024, 30.12.2024 and lastly on 28.3.2025. During this period only one witness was examined. 3. The plaintiffs apparently have been grossly negligent in conducting the case. In such circumstances, no indulgence can be shown by the Court. The matters cannot be allowed to be delayed at the option of the parties, more particularly when there is no sufficient reason shown for the lapse. 4. In result, the petition is without any merit and is accordingly dismissed. Pending applications, if any, also stand disposed of. (Satyen Vaidya) Judge 9th July, 2025. (kck)