IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.31/2024 Date of Decision: 15th July, 2025. Gurnam Singh and Ors. .....Petitioners Versus Ram Sarup and Ors. …..Respondents Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioners: Mr. N.K. Thakur, Sr. Advocate with Mr. Divya Raj Singh, Advocate. For the Respondents: Mr. Bhim Raj Sharma, Advocate, for respondents No.1 to 4 and 6. Mr. Diwakar Dev Sharma, Addl. Advocate General, for respondent No.7. Respondent No.5 proceeded against ex parte. Bipin Chander Negi, Judge (oral). By way of the present petition, a challenge has been laid to the impugned order dated 19.09.2023, whereby an application filed on behalf of the present petitioners/defendants for proving a report/letter regarding reservation of Government Land for construction of a cremation ground in Khasra No.309/325/1 measuring 0-10 biwas in Village Chuhuwal, Tehsil Nalagarh, District Solan, HP, has been dismissed. 1 Whether reporters of Local Papers may be allowed to see the judgment? YES 2 2. Heard counsel for the parties and perused the pleadings and impugned order. 3. Respondents No.1 to 6, in the case at hand, are plaintiffs before the learned trial Court. Respondents have filed a suit for permanent prohibitory injunction with a prayer to restrain the present petitioners/defendants from converting the suit land into a cremation ground. In the plaint, it has been alleged that the cremation ground exists over Khasra No.300/235. 4. Precisely, the case of the present respondents/plaintiffs before the trial Court is that the present petitioners/defendants have conspired to shift the aforesaid cremation ground in order to raise construction thereupon. As a consequence of the aforesaid, the cremation ground is now sought to be brought adjacent to the residential plots of the present respondents/plaintiffs. 5. In the written statement filed, a detailed reference has been made to a report/letter of SDO(Civil), Nalagarh, District Solan, HP, bearing No.NLG/SDK/2015-737 dated 01.06.2015, regarding reservation of construction land for construction of Shamshan Ghat (Cremation ground) in Khasra No.309/235/1, measuring 0-10 Biswas in Village Chuhuwal, Tehsil Nalagarh and letter No.NLG/SDK/2014- 3 1429 dated 21.08.2014 along with annexures issued by the Gram Panchayat Radiyali and concerned Government departments. 6. Admittedly, the said documents were filed along with written statement way back in the year 2016. Both the parties have led their evidence and the matter was fixed for rebuttal evidence, if any, to be led by the present respondents/plaintiffs and thereafter the matter was to be listed for hearing. However, while leading their evidence, the aforesaid documents could not be exhibited/duly proved by the petitioners/defendants. The said documents were marked. 7. The documents now sought to be proved, had been filed along with written statement. Inadvertently at the time of leading evidence, the same could not be got exhibited/duly proved. Moreover, the fact that the documents are relevant and material for the adjudication of the controversy at hand, therefore, admittedly, in the case at hand, the present petitioners/defendants have been negligent in proving the documents while leading their evidence. 8. However, keeping in view the overall facts and attending circumstances of the case at hand, the impugned 4 order is quashed and set aside. Parties are directed to appear before the learned trial Court on 07.08.2025. On the said date, the present petitioners/defendants, shall be granted one opportunity for proving the documents, as are being sought to be proved in the application under consideration. No further opportunity shall be afforded. The opportunity being afforded is subject to payment of costs of Rs.10,000/- by the present petitioners/defendants. The same shall be paid to the present respondents/plaintiffs on 07.08.2025. 9. Accordingly, present petition is disposed of, so also the pending application(s), if any. (Bipin Chander Negi) Judge 15th July, 2025 (Gaurav Rawat)