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2026 DAILYLAW 15722 (HP)

GYARU RAM (deceased) through LR v. TAPENDER SINGH AND OTHERS

CMPMO/365/2026 · 2026-07-16

Virender Singh

body2026

Judgment text

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1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 365 of 2026 Decided on: 16.7.2026 Gyaru Ram … Petitioner Versus Tapender Singh & others …Respondents _____________________________ ______________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ___________________________________________________ For the Petitioner: Mr. Surinder Saklani and Mr. Virender Chauhan, Adocates. For the Respondents : None. Virender Singh, Judge (oral) Petitioner has filed the present petition, under Article 227 of the Constitution of India, against the order dated 17.6.2026, passed by the learned Senior Civil Judge, Court No.1, Paonta Sahib, District Sirmour, H.P. (hereinafter referred to as ‘the trial Court’), whereby an application preferred by the present petitioner, under Order 7 Rule 14, read with Section 151 CPC, for leading additional evidence in CMA No. 294 of 2026, has been dismissed. 2. After arguing for some time, it has been submitted that the plaintiff wants to tender the certified copy of the judgment and decree, passed in Civil Suit No. 79/1 of 2005, titled as, ‘Surender Singh versus Mohar Singh’, in his 2 evidence. The prayer made in the application under Order 7 Rule 14 CPC was dismissed by the Court of learned Senior Civil Judge, Court No. 1, Paonta Sahib, District Sirmour, H.P. 3. The application was moved at the stage when evidence of both the parties was closed and the case was listed for arguments. 4. Considering the stand taken by the plaintiff in para-3 of the replication, this Court is of the view that the plaintiff is able to make out a case, in his favour. Consequently, the present petition is allowed and the order dated 17.6.2026, passed by the learned trial Court is ordered to be set aside and plaintiff Gyaru Ram is permitted to tender the certified copy of judgment and decree, as aforesaid, in his evidence. 5. With these observations, the present petition is disposed of, so also the pending application(s), if any. (Virender Singh) 16.7.2026 Judge Kalpana