IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 567 of 2025 Decided on: 22.09.2025 ____________________________________________________ Sanjeev Kumar ……….. Petitioner Versus Shishi Ram ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Bunesh Pal, Advocate. For the respondent : Nemo. ____________________________________________________ Bipin Chander Negi, Judge ( oral) The present petition has been preferred against the impugned order dated 27.05.2025, passed by the learned Senior Civil Judge, Rampur Bushahr, District Shimla, H.P. in Civil Suit No. 93 of 2024, titled Shishi Ram vs. Sanjeev Kumar, whereby the right to file written statement has been struck of. 2. Heard learned counsel for the petitioner and perused the impugned order and the documents appended along with the present petition. 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 3. Trial is a search of truth on presentation of facts. This purpose is succinctly captured in the following terms in American Jurisprudence, Second Edition, 2007: “This purpose of trial is to determine the validity of the allegations. The objective is to secure a fair and impartial administration of justice between the parties to the litigation and not the achievement of a hearing wholly free from errors. Once a civil action has been instituted and issue is joined upon the pleadings, there must be a trial on the issue before a judgment may be rendered. Trial is not a contest between lawyers but a presentation of facts to which the law may be applied to resolve the issues between the parties and to determine their rights. It is also not a sport; it is an inquiry into the truth, in which the general public has an interest” 4. Procedure is a handmaid of justice. The same should not be made a tool to deny justice or to defeat substantive rights. Besides though the culture of seeking unnecessarily adjournments is to be deprecated, yet keeping in view the facts and circumstances of the case at hand and in the interest of justice, in my considered view the petitioner needs to be afforded an opportunity to present his defence by way of written statement, hence the present petition is allowed and the impugned order dated 27.05.2025, passed by the learned Senior Civil Judge, Rampur Bushahr, District Shimla, H.P. is quashed and set aside. 5. 5. Petition stands allowed in the above terms, subject to the petitioner depositing costs of Rs. 10,000/- in the “Chief Justice Disaster Relief Fund 2025, Bank Name: UCO Bank, 3 Account No. 18330110060070, IFSC Code: UCBA0001833, Branch: High Court Complex, Shimla”, receipt thereof be produced before the learned trial Court on the date fixed for appearance therein. Pending miscellaneous application(s), if any, shall also stand disposed of. 6. From the impugned order, it is evident that the matter is now posted before the trial Court on 24.09.2025. Petitioner to appear before the trial Court on 24.09.2025. On account of ensuing Dussehra Holidays, the written statement shall positively be filed on the re-opening of the Court on 06.10.2025. If the same is not filed on 06.10.2025, the right to file the same shall stand closed. (Bipin Chander Negi) Judge September 22nd, 2025 Susheel