IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No.458 of 2025 Decided on 27th August, 2025 Hem Raj Chauhan …Petitioner Versus Dhani Devi …Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Ajeet Singh Saklani, Advocate. For the respondent: Mr. G.R. Palsra, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following relief:- “It is, therefore, respectfully prayed that present petition may kindly be allowed and the order dated 04.06.2025 passed by learned Senior Civil Judge, Court No.1, Sarkaghat, District Mandi, in C.C. No.272 of 2024, in Suit for recovery vide Reg. No.272/2024, may kindly be set aside after allowing the application under Order 9 Rule 4 read with Section 151 Code of Civil Procedure and justice be done.” 2. A perusal of the impugned order demonstrates that as even after five opportunities having been granted to the plaintiff on the date concerned, no witness was present and neither the 2 counsel for the plaintiff appeared, learned Trial Court dismissed the case in default. Learned counsel for the petitioner could not demonstrate that the findings returned in the impugned order to this effect were perverse and not borne out from the record. 3. Therefore, as it is evident that the plaintiff was delaying the matter on one pretest or the other and the non- appearance of learned counsel for the plaintiff on the date concerned apparently seems to be a step in that order, though, ordinarily this Court would not have interfered with the impugned order, however, on the persistent request of Mr. Ajeet Singh Saklani, learned counsel for the petitioner, impugned order dated 04.06.2025, passed by the learned Trial Court is set aside, but with the observation that if on the next date of hearing, the petitioner herein pays compensation to the tune of Rs.5,000/- to the respondent/defendant, then, he shall be allowed to lead evidence, otherwise he shall not be allowed to lead evidence, for the reason that he failed to lead evidence despite five opportunities granted to him. (Ajay Mohan Goel) Judge August 27, 2025 (Vinod)