RAMESH CHAUHAN v. ARVIND DIG VIJAY NEGI AND OTHERS
CMPMO/283/2026 · 2026-07-27
Virender Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 17678 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17678 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:HHC:31209 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No. : 283 of 2026 Decided on : 27.07.2026 Ramesh Chauhan …Petitioner Versus Arvind Digvijay Negi & Ors. …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Y.K. Thakur, Mr. Bhanu Verma and Mr. Ritik Prashar, Advocates. For the respondents : Mr. Narinder Guleria,
Advocate, for respondents No. 1 and 2. Mr. Vinod K. Gupta, Advocate, for respondent No. 3. Mr. Tejasvi Sharma, learned Additional A.G. for respondent No. 4. Mr. Balram Sharma, DSGI, with Mr. Rajeev Sharma, Advocate, for respondent No.
5. Virender Singh, Judge
(Oral) PetitionerRamesh Chauhan has filed the present petition, under Article 227 of the Constitution of India, against the order dated 04.04.2026, passed by the 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:31209 Court of learned Civil Judge, Court No. 4 Shimla, District Shimla, H.P. (hereinafter referred to as ‘the trial Court’), in CMA No. 498/2026, titled on 21.11.2025, in Civil Suit No. 31/12 of 2010, titled as “Ramesh Chauhan Versus Arvind Digvijay & Ors.”. 2. By way of order dated 04.04.2026, the learned trial Court has rejected the application under Order XVI Rules 1, 10 and 12, read with Section 32 and Section 151 of C.P.C., for securing the presence of two material witnesses through the coercive process. 3. For the sake of convenience, the parties to the present lis, are, hereinafter referred to, in the same manner, as were, referred to, by the learned trial Court. 4. Plaintiff in Civil Suit, titled as “Ramesh Chauhan Versus Arvind Digvijay Negi & Ors.”, has filed the list of witnesses under Order XVI Rules 10 and 12, read with Section 32 and Section 151 CPC. The said application was allowed and Diet Money was deposited on 25.10.2018. Thereafter, PWs were summoned. 5. Thereafter, application under Order XVI Rules 10, 12, read with Sections 32 and 151 of CPC, was filed on
21.11.2025. As per the application moved by the plaintiff,
3 2026:HHC:31209 despite repeated summons issued against the PWs, PW Man Singh, former Dy. S.P., mentioned at Serial No. 5 and PW Davinder Nath, mentioned at Serial No. 10, had not appeared before the Court. As such, a prayer has been made to issue fresh notices to above witnesses and to secure their presence by coercive method. 6.
The said application has been dismissed by the learned trial Court, vide order dated 04.04.2026. The said
order has been assailed before this Court. 7. Vide order dated 04.04.2026, while dismissing the application, the learned trial Court has ordered to issue summons against PW Davinder Nath, whose name has been mentioned at Serial No. 10, but the prayer regarding PW5 has been dismissed. 8. Perusal of the zimni orders annexed with the present case shows that the steps for summoning PW at Serial No. 5, have been taken by the plaintiff and despite his service on 18.07.2019, the learned trial Court has not ordered to procure the service of said witness by taking coercive steps. 9. Similarly, on 20.04.2023, when the notice issued against PW Man Singh received back after due
4 2026:HHC:31209 service, instead of taking coercive steps to secure the presence of said witness, learned trial Court has simply mentioned that no PWs present today. In such situation, there is no legal justification on the part of learned trial Court to decline the prayer to summon the PW at Sr. No. 5. 10. Once, the plaintiff has taken the steps for summoning the witnesses and thereafter, the notices were issued and despite service of notice PW Man Singh has failed to put appearance, in that eventuality, the only option left with the learned trial Court was to take coercive steps to secure the presence of the witnesses. In other words, it can be said that when the plaintiff has taken the steps and the process has been issued against the witnesses, then in case, a witness fails to put appearance, despite service, then, the Court has a duty to secure the presence of that witness by adopting the coercive steps. 11. When, the notices were issued against PW Man Singh, and the same were received back after due service, then, in the event of his nonappearance, the learned trial Court, should have invoked the provisions of Order XVI Rule 10 of CPC and thereafter, the other steps to secure
5 2026:HHC:31209 the presence of witness, like bailable warrants and non bailable warrants. 12. Admittedly, in the present case, nothing has been done by the learned trial Court. When the summons issued to PWs Man Singh and Davinder Nath, have been received back after due service and they do not bother to appear, then it was for the Court to take further coercive steps to ensure the presence of the said witnesses, before the Court.
Instead, when the application was moved by the plaintiff for issuance of summons against PWs at Serial No. 5 and 10, the same has been dismissed, mainly, on the ground, that despite permitting the plaintiff to deposit the Diet Money and without deleting the name of the witness, the learned trial Court has held that it was incumbent upon the person to show as to how the evidence of such witness is material. Said approach of the learned trial Court is not sustainable in the eyes of law, as the list of witnesses has been approved by the learned trial Court, when Diet Money was ordered to be deposited. 13. Consequently, the order dated 04.04.2026, does not survive in the judicial scrutiny by this Court. Accordingly, the same is set aside. Learned trial Court is
6 2026:HHC:31209 requested to take appropriate steps for the service of PW Man Singh, on taking steps by the plaintiff within a period of seven days, from the date of appearance of the parties, before the learned trial Court. 14. It is further clarified that if steps are taken by the plaintiff for the service of PW Man Singh, then, the notice be issued against him, for the date to be fixed by learned trial Court and in case, despite service of summons, the said witness fails to put appearance, then, the learned trial Court is directed to take coercive steps to secure the presence of said witness. 15. Parties through their counsel are directed to put their appearance before the learned trial Court on
17.08.2026. 16. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present petition. 17. Pending application(s), if any, shall also stand(s)
disposed of.
(Virender Singh) 27th July, 2026
Judge (Pramod Kumar)